North Carolina § 50A-370 - Proceeding for temporary custody order.

§ 50A-370. Proceeding for temporary custody order.

After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 521-522. A court may not issue a permanent order granting custodial responsibility in the absence of the deploying parent without the consent of the deploying parent. At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in an existing proceeding for custodial responsibility of the child with jurisdiction under Part 1 of this Article or, if there is no existing proceeding in a court with jurisdiction under Part 1 of this Article, in a new action for granting custodial responsibility during deployment. History (2013-27, s. 3; 2014-115, s. 38(a).) Editor's Note. - Session Laws 2013-27, s. 4, provides: "Nothing in Article 3 of Chapter 50A of the General Statutes, enacted in Section 3 of this act, shall affect the validity of a temporary court order concerning custodial responsibility during deployment entered before the effective date of this act." This Act became effective October 1, 2013. Session Laws 2013-27, s. 5, provides: "The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comment to the Uniform Deployed Parents Custody and Visitation Act as the Revisor may deem appropriate." Effect of Amendments. - Session Laws 2014-115, s. 38(a), effective August 11, 2014, inserted "app." following "U.S.C." in the first sentence of subsection (a).