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§ 150.6. Temporary custody orders--Deploying parent privilege

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Deployed Parents Custody and Visitation Act
43 Okl.St.Ann. § 150.6
§ 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, e-mail, 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:
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.

Credits

Laws 2011, c. 354, § 9, emerg. eff. May 26, 2011.
43 Okl. St. Ann. § 150.6, OK ST T. 43 § 150.6
Current with emergency effective legislation through Chapter 275 of the Second Regular Session of the 58th Legislature (2022). Some sections may be more current, see credits for details.
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