CHAPTER 324
DEPLOYED PARENTS
CUSTODY AND VISITATION
SUBCHAPTER I
GENERAL PROVISIONS
324.03 Remedies for noncompliance. 324.05 Notification required by deploying parent. 324.06 Duty to notify of change of address. SUBCHAPTER II
AGREEMENT FOR CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
324.21 Form of agreement. 324.22 Nature of authority created by agreement. 324.23 Modification of agreement. 324.25 Filing agreement with court. SUBCHAPTER III
JUDICIAL PROCEDURE FOR GRANTING
CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT
324.31 Proceeding for temporary deployment custody order. 324.32 Expedited hearing. 324.33 Testimony by electronic means. 324.34 Effect of prior judicial order or agreement. 324.345 Best interest of the child. 324.35 Grant of physical placement to nonparent. 324.37 Nature of authority created by temporary custodial responsibility order. 324.38 Content of temporary custodial responsibility order. 324.39 Order for child support. 324.395 Modifying or terminating grant of custodial responsibility to nonparent. SUBCHAPTER IV
MISCELLANEOUS PROVISIONS
324.42 Uniformity of application and construction. 324.43 Relation to Electronic Signatures in Global and National Commerce Act. GENERAL PROVISIONS
324.01324.01 Short title. This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act. 324.01 HistoryHistory: 2021 a. 161. 324.02324.02 Definitions. In this chapter: 324.02(1)(1) “Adult” means an individual who has attained 18 years of age or who is an emancipated minor. 324.02(2)(2) “Child” means any of the following: 324.02(2)(a)(a) An individual who has not attained 18 years of age and who is not an emancipated minor. 324.02(2)(b)(b) An adult son or daughter by birth or adoption, or under the law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. 324.02(3)(3) “Court” means a tribunal, including an administrative agency, that is authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. 324.02(4)(4) “Custodial responsibility” includes physical placement, legal custody, and visitation. 324.02(5)(5) “Deployed” means subject to a deployment. 324.02(6)(6) “Deploying parent” means a service member who is deployed, or who has been notified of impending deployment, and who is any of the following: 324.02(6)(a)(a) A parent of a child under the law of this state other than this chapter. 324.02(6)(b)(b) An individual who has custodial responsibility for a child under the law of this state other than this chapter. 324.02(7)(7) “Deployment” means the movement or mobilization of a service member for more than 30 days but less than 18 months in accordance with service orders that are designated as unaccompanied, do not authorize dependent travel, or otherwise do not permit the movement of a child to the location to which the service member is deployed. 324.02(9)(9) “Family member” means a grandparent, great-grandparent, or stepparent. 324.02(11)(11) “Nonparent” means an individual other than a deploying parent or other parent. 324.02(12)(12) “Other parent” means an individual who, in common with a deploying parent, is any of the following: 324.02(12)(a)(a) A parent of a child under the law of this state other than this chapter. 324.02(12)(b)(b) An individual who has custodial responsibility for a child under the law of this state other than this chapter. 324.02(14)(14) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 324.02(15)(15) “Return from deployment” means the conclusion of a service member’s deployment as specified in service orders. 324.02(16)(16) “Service member” means a member of any of the following: 324.02(16)(a)(a) The U.S. armed forces, including any reserve component. 324.02(16)(c)(c) The commissioned corps of the U.S. public health service. 324.02(16)(d)(d) The commissioned corps of the national oceanic and atmospheric administration. 324.02(17)(17) “Sign” means to do any of the following with present intent to authenticate or adopt a record: 324.02(17)(b)(b) Attach to or logically associate with the record an electronic symbol, sound, or process. 324.02(18)(18) “State” means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or possession of the United States. 324.02(19)(19) “Visitation” means rights conferred to an individual to reasonable visitation with a child in accordance with s. 767.43. 324.02 HistoryHistory: 2021 a. 161. 324.03324.03 Remedies for noncompliance. In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief. 324.03 HistoryHistory: 2021 a. 161. 324.04(1)(1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under ch. 822. 324.04(2)(2) If a court has issued a temporary order regarding custodial responsibility under subch. III, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822 during the deployment. 324.04(3)(3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement under subch. II, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822. 324.04(4)(4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822. 324.04(5)(5) This section does not prevent a court from exercising temporary emergency jurisdiction under s. 822.24. 324.04 HistoryHistory: 2021 a. 161. 324.05324.05 Notification required by deploying parent.
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statutes
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Chs. 321-324, Military
section
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