NEW RIGHTS OF PARENTS ON ACTIVE MILITARY DUTY

August 19, 2010 § Leave a comment

Section 93-5-34, MCA, which sets out certain custodial and visitation rights of parents who are called to active military duty, has been amended to add some new wrinkles.  It is one of several new laws that affect your Chancery practice, most of which went into effect July 1, 2010, and are listed here.

The amended statute now applies also to persons related by blood or marriage to a deployed military parent, and may include, step-parents, grandparents, aunts, uncles, adult siblings and others.

It adds the requirement that any order entered affecting custody of or visitation with a parent called to active duty shall require:

  • that the non-deployed parent shall make the child or children reasonably available to the deployed parent when he or she is on leave.   
  • that the non-deployed parent shall facilitate opportunities for telephonic, webcam and e-mail contact between the deployed parent and the child or children during deployment, and that
  • the deployed parent shall provide timely information regarding his or her leave schedule to the non-deployed parent.   

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