State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_7A

§ 50‑13.7A.  Custody andvisitation upon military temporary duty, deployment, or mobilization.

(a)        Purpose. – It isthe purpose of this section to provide a means by which to facilitate a fair,efficient, and swift process to resolve matters regarding custody andvisitation when a parent receives temporary duty, deployment, or mobilizationorders from the military.

(b)        Definitions. – Asused in this section:

(1)        The term"deployment" means the temporary transfer of a service member servingin an active‑duty status to another location in support of combat or someother military operation.

(2)        The term"mobilization" means the call‑up of a National Guard or Reserveservice member to extended active duty status. For purposes of this definition,"mobilization" does not include National Guard or Reserve annualtraining.

(3)        The term"temporary duty" means the transfer of a service member from onemilitary base to a different location, usually another base, for a limitedperiod of time to accomplish training or to assist in the performance of anoncombat mission.

(c)        Custody. – When aparent who has custody, or has joint custody with primary physical custody,receives temporary duty, deployment, or mobilization orders from the militarythat involve moving a substantial distance from the parent's residence orotherwise have a material effect on the parent's ability to exercise custodyresponsibilities:

(1)        Any temporarycustody order for the child during the parent's absence shall end no later than10 days after the parent returns, but shall not impair the discretion of thecourt to conduct a hearing for emergency custody upon return of the parent andwithin 10 days of the filing of a verified motion for emergency custodyalleging an immediate danger of irreparable harm to the child; and

(2)        The temporary duty,mobilization, or deployment and the temporary disruption to the child'sschedule shall not be a factor in a determination of change of circumstances ifa motion is filed to transfer custody from the service member.

(d)        Visitation. – Ifthe parent with visitation rights receives military temporary duty, deployment,or mobilization orders that involve moving a substantial distance from theparent's residence or otherwise have a material effect on the parent's abilityto exercise visitation rights, the court may delegate the parent's visitationrights, or a portion thereof, to a family member with a close and substantialrelationship to the minor child for the duration of the parent's absence, ifdelegating visitation rights is in the child's best interest.

(e)        Expedited Hearings.– Upon motion of a parent who has received military temporary duty, deployment,or mobilization orders, the court shall, for good cause shown, hold anexpedited hearing in custody and visitation matters instituted under thissection when the military duties of the parent have a material effect on theparent's ability, or anticipated ability, to appear in person at a regularlyscheduled hearing.

(f)         ElectronicCommunications. – Upon motion of a parent who has received military temporaryduty, deployment, or mobilization orders, the court shall, upon reasonableadvance notice and for good cause shown, allow the parent to present testimonyand evidence by electronic means in custody and visitation matters institutedunder this section when the military duties of the parent have a materialeffect on the parent's ability to appear in person at a regularly scheduledhearing. The phrase "electronic means" includes communication bytelephone, video teleconference, or the Internet.

(g)        [Best Interest ofthe Child. –] Nothing in this section shall alter the duty of the court toconsider the best interest of the child in deciding custody or visitationmatters. (2007‑175,s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_7A

§ 50‑13.7A.  Custody andvisitation upon military temporary duty, deployment, or mobilization.

(a)        Purpose. – It isthe purpose of this section to provide a means by which to facilitate a fair,efficient, and swift process to resolve matters regarding custody andvisitation when a parent receives temporary duty, deployment, or mobilizationorders from the military.

(b)        Definitions. – Asused in this section:

(1)        The term"deployment" means the temporary transfer of a service member servingin an active‑duty status to another location in support of combat or someother military operation.

(2)        The term"mobilization" means the call‑up of a National Guard or Reserveservice member to extended active duty status. For purposes of this definition,"mobilization" does not include National Guard or Reserve annualtraining.

(3)        The term"temporary duty" means the transfer of a service member from onemilitary base to a different location, usually another base, for a limitedperiod of time to accomplish training or to assist in the performance of anoncombat mission.

(c)        Custody. – When aparent who has custody, or has joint custody with primary physical custody,receives temporary duty, deployment, or mobilization orders from the militarythat involve moving a substantial distance from the parent's residence orotherwise have a material effect on the parent's ability to exercise custodyresponsibilities:

(1)        Any temporarycustody order for the child during the parent's absence shall end no later than10 days after the parent returns, but shall not impair the discretion of thecourt to conduct a hearing for emergency custody upon return of the parent andwithin 10 days of the filing of a verified motion for emergency custodyalleging an immediate danger of irreparable harm to the child; and

(2)        The temporary duty,mobilization, or deployment and the temporary disruption to the child'sschedule shall not be a factor in a determination of change of circumstances ifa motion is filed to transfer custody from the service member.

(d)        Visitation. – Ifthe parent with visitation rights receives military temporary duty, deployment,or mobilization orders that involve moving a substantial distance from theparent's residence or otherwise have a material effect on the parent's abilityto exercise visitation rights, the court may delegate the parent's visitationrights, or a portion thereof, to a family member with a close and substantialrelationship to the minor child for the duration of the parent's absence, ifdelegating visitation rights is in the child's best interest.

(e)        Expedited Hearings.– Upon motion of a parent who has received military temporary duty, deployment,or mobilization orders, the court shall, for good cause shown, hold anexpedited hearing in custody and visitation matters instituted under thissection when the military duties of the parent have a material effect on theparent's ability, or anticipated ability, to appear in person at a regularlyscheduled hearing.

(f)         ElectronicCommunications. – Upon motion of a parent who has received military temporaryduty, deployment, or mobilization orders, the court shall, upon reasonableadvance notice and for good cause shown, allow the parent to present testimonyand evidence by electronic means in custody and visitation matters institutedunder this section when the military duties of the parent have a materialeffect on the parent's ability to appear in person at a regularly scheduledhearing. The phrase "electronic means" includes communication bytelephone, video teleconference, or the Internet.

(g)        [Best Interest ofthe Child. –] Nothing in this section shall alter the duty of the court toconsider the best interest of the child in deciding custody or visitationmatters. (2007‑175,s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_7A

§ 50‑13.7A.  Custody andvisitation upon military temporary duty, deployment, or mobilization.

(a)        Purpose. – It isthe purpose of this section to provide a means by which to facilitate a fair,efficient, and swift process to resolve matters regarding custody andvisitation when a parent receives temporary duty, deployment, or mobilizationorders from the military.

(b)        Definitions. – Asused in this section:

(1)        The term"deployment" means the temporary transfer of a service member servingin an active‑duty status to another location in support of combat or someother military operation.

(2)        The term"mobilization" means the call‑up of a National Guard or Reserveservice member to extended active duty status. For purposes of this definition,"mobilization" does not include National Guard or Reserve annualtraining.

(3)        The term"temporary duty" means the transfer of a service member from onemilitary base to a different location, usually another base, for a limitedperiod of time to accomplish training or to assist in the performance of anoncombat mission.

(c)        Custody. – When aparent who has custody, or has joint custody with primary physical custody,receives temporary duty, deployment, or mobilization orders from the militarythat involve moving a substantial distance from the parent's residence orotherwise have a material effect on the parent's ability to exercise custodyresponsibilities:

(1)        Any temporarycustody order for the child during the parent's absence shall end no later than10 days after the parent returns, but shall not impair the discretion of thecourt to conduct a hearing for emergency custody upon return of the parent andwithin 10 days of the filing of a verified motion for emergency custodyalleging an immediate danger of irreparable harm to the child; and

(2)        The temporary duty,mobilization, or deployment and the temporary disruption to the child'sschedule shall not be a factor in a determination of change of circumstances ifa motion is filed to transfer custody from the service member.

(d)        Visitation. – Ifthe parent with visitation rights receives military temporary duty, deployment,or mobilization orders that involve moving a substantial distance from theparent's residence or otherwise have a material effect on the parent's abilityto exercise visitation rights, the court may delegate the parent's visitationrights, or a portion thereof, to a family member with a close and substantialrelationship to the minor child for the duration of the parent's absence, ifdelegating visitation rights is in the child's best interest.

(e)        Expedited Hearings.– Upon motion of a parent who has received military temporary duty, deployment,or mobilization orders, the court shall, for good cause shown, hold anexpedited hearing in custody and visitation matters instituted under thissection when the military duties of the parent have a material effect on theparent's ability, or anticipated ability, to appear in person at a regularlyscheduled hearing.

(f)         ElectronicCommunications. – Upon motion of a parent who has received military temporaryduty, deployment, or mobilization orders, the court shall, upon reasonableadvance notice and for good cause shown, allow the parent to present testimonyand evidence by electronic means in custody and visitation matters institutedunder this section when the military duties of the parent have a materialeffect on the parent's ability to appear in person at a regularly scheduledhearing. The phrase "electronic means" includes communication bytelephone, video teleconference, or the Internet.

(g)        [Best Interest ofthe Child. –] Nothing in this section shall alter the duty of the court toconsider the best interest of the child in deciding custody or visitationmatters. (2007‑175,s. 2.)

Categories