New Jersey § 9:2-12

§ 9:2-12.

a. As used in this section: “ Deployment ” means: (1) the assignment of a service member by military order for military combat,

or other military operation, mission, or service requiring a prolonged absence of

30 or more days, making the service member unable during that absence to exercise

parenting time with a child for whom the service member is a parent or caretaker;

or (2) the participation of a service member in full-time training duty, annual training

duty, National Guard training, reserve training, or attendance at a military service

school designated by law or by the Secretary of the applicable military branch concerned,

requiring a prolonged absence of 30 or more days, making the service member unable

during that absence to exercise parenting time with a child for whom the service member

is a parent or caretaker. “ Military ” means the armed forces of the United States, including the Army, Navy, Air Force,

Marine Corps, and Coast Guard, the National Guard and any other reserve component

of the armed forces, and the merchant marine when organized under the federal law

as a public military force. “ Service member ” means a member of the military, as defined herein, who is not retired. “ Service-related treatment ” means treatment provided to a service member or veteran service member for a service-related

injury, illness, or other health condition requiring a prolonged absence of 30 or

more days, making the service member unable during that absence to exercise parenting

time with a child for whom the service member is the parent or caretaker. b. (1) The court, whenever making a determination concerning child custody or parenting

time, shall not consider the absence or potential absence of a military service member

by reason of deployment or service-related treatment as a factor in determining the

best interest of a child for whom the service member is a parent or caretaker. (2) The court shall, to the extent possible, expedite a determination on an application

concerning a child custody or parenting time arrangement by a service member or the

other parent or caretaker for a child in any case in which there is no existing child

custody or parenting time order and the service member has received official written

notice of deployment or service-related treatment from the military. c. (1) Whenever a service member is a party to a child custody or parenting time arrangement

and has received an official written notice of deployment or service-related treatment,

the service member shall: (a) notify the other parent or caretaker involved in the child custody or parenting

time arrangement of the service member's deployment or treatment location and scheduled

dates thereat, no later than the day immediately preceding the service member's departure,

or the 10th day after receipt of the official written notice for the deployment or

treatment, whichever date occurs first, unless the service member's notice to the

other parent or caretaker is prohibited by the military; and (b) provide timely information, if not prohibited by the military, regarding the service

member's scheduled leave or other availability during the service member's period

of deployment or service-related treatment. (2) The other parent or caretaker involved in the child custody or parenting time

arrangement with the service member shall: (a) make the child reasonably available to the service member while the service member

is on leave or is otherwise available in accordance with the information provided

to the other parent or caretaker pursuant to subparagraph (b) of paragraph (1) of

this subsection; and (b) facilitate opportunities for communication, including telephonic and electronic

mail contact, to the extent feasible, between the service member and the child during

the period of the service member's deployment or service-related treatment. d. (1) During the period of the service member's deployment or service-related treatment,

the court shall not enter an order modifying any judgment or order concerning child

custody or parenting time, or issue a new order that changes an existing child custody

arrangement in effect on the day immediately preceding the service member's departure

for the deployment or treatment without the consent of all parties, except when the

court finds it to be in the best interests of the child. The court may appoint a guardian ad litem, an attorney, or both to represent the

child's interests with regard to any pending court determination concerning child

custody or parenting time. (2) Whenever the court finds it to be in the best interest of the child to enter an

order modifying any judgment or order concerning child custody or parenting time,

or to issue a new order that changes the existing child custody arrangement during

the period of the service member's deployment or service-related treatment, the court

may order parenting time for a family member of the service member who has a close

and substantial relationship with the child. This parenting time shall not create a legal entitlement or standing to assert any

other right to parenting time with the child. e. During the period of the service member's deployment or service-related treatment

and for 90 days following the day the deployment or treatment ended, New Jersey shall

retain exclusive, continuing jurisdiction, in accordance with the provisions of the

“Uniform Child Custody Jurisdiction and Enforcement Act,” P.L.2004, c. 147 ( C.2A:34-53 et seq. ), over any determination concerning child custody or parenting time. f. Upon the service member's return from deployment or service-related treatment,

the child custody or parenting time order in effect on the day immediately preceding

the service member's departure for that deployment or treatment shall be resumed,

and shall not be subject to modification for 90 days following the day the deployment

or treatment ended; however, this provision shall not preclude any application to

preserve the health, safety, and welfare of the child. g. Any application pursuant to this section by a service member parent or caretaker

during the period of deployment or service-related treatment shall not, without the

express consent of the service member, be considered a waiver of any right or protection

provided under the “Servicemembers Civil Relief Act,” 50 U.S.C. App. s.501 et seq.,

or the “New Jersey Soldiers' and Sailors' Civil Relief Act of 1979,” P.L.1979, c.

317 ( C.38:23C-1 et seq. ). h. Nothing in this section shall prevent a service member parent or caretaker and

the other parent or caretaker from agreeing to a care arrangement for a child during

the period of deployment or service-related treatment.