Oklahoma § 43-150.6 - Temporary custody orders - Deploying parent privilege

§ 43-150.6. Temporary custody orders - Deploying parent privilege

A. Upon proper motion made pursuant to Section 8 of this act,

the court shall enter temporary orders regarding custody, visitation

and child support.

B. A deploying parent who is entitled to a stay in civil

proceedings pursuant to the Servicemembers Civil Relief Act, 50

U.S.C. App., Sections 501 through 596, may elect to proceed while

the deploying parent is unavailable to appear in the geographical

location in which the litigation is pursued and may seek relief and

provide evidence through video conferencing, Internet camera, email, telephone, or other reasonable electronic means.

C. Except for the privilege offered to the deployed

servicemember in subsection B of this section, the court shall

factor the same consideration and conduct the temporary order

hearing as provided in Section 112 of Title 43 of the Oklahoma

Statutes. Hearings conducted pursuant to this section shall be

considered nonevidentiary hearings and the standard rules of

evidence shall not apply.

D. 1. If a prior judicial custody or visitation order contains

provisions for custodial responsibility of the child in the event of

deployment, those provisions shall not be modified by the court

unless:

a.

a subsequent substantial change of circumstances has

occurred after the prior judicial custody or

visitation order was issued, or

b.

a showing that enforcement of the provisions of the

prior judicial custody or visitation order would

result in substantial harm to the child.

2. If the deploying parent and the nondeploying parent have

previously agreed in writing to provisions for the custodial

responsibility of the child in the event of deployment, there shall

be a rebuttable presumption that the agreement is in the best

interest of the child. The presumption may be overcome only if the

court makes specific findings of fact establishing that the

agreement is not in the best interest of the child.

E. When entering a temporary order for custodial responsibility

prior to or during a deployment, the court shall:

Oklahoma Statutes - Title 43. Marriage and Family

1. Identify the nature of the deployment that is the basis for

the order;

2. Specify that the order is temporary;

3. Specify the contact between the deploying parent and the

child during deployment, including the means by which the deploying

parent may remain in communication with the child, such as

electronic communication by Internet camera, telephone, e-mail and

other available means; and

4. Order liberal contact between the deploying parent and child

when the deploying parent is on leave or is otherwise available,

consistent with the best interest of the child.

F. In an order granting designation of a family member or

another person with a close and substantial relationship to the

child to exercise visitation rights pursuant to Section 11 of this

act, the court shall:

1. Set out a process to resolve any disputes that may arise

between the person receiving visitation and the nondeploying parent;

2. Identify the nature of the deployment that is the basis for

the order; and

3. Specify that the order is a temporary order and shall

terminate ten (10) days after notice has been provided to the

nondeploying parent of the end of the deployment.

G. If the matter before the court concerns a postdissolution

modification of custody or visitation, the court shall not modify

the previously ordered custody or visitation arrangement until the

expiration of the servicemember’s deployment, unless the child is at

risk of serious irreparable harm.

H. If the court has rendered a temporary order regarding

custodial responsibility pursuant to the Deployed Parents Custody

and Visitation Act, any nondeploying parent or any third party to

whom the court has assigned primary custodial responsibility,

visitation or limited contact shall notify the court of any change

of address until the termination of the temporary order.

Added by Laws 2011, c. 354, § 9, emerg. eff. May 26, 2011.