§1653-A. Parental rights and responsibilities; parent on active duty

1.  Departure under military orders.  A court may not consider departure from the family residence or absence from the child or children as an adverse factor in determining parental rights and responsibilities with respect to a minor child when the departing parent is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence is due to compliance with military orders.

[PL 2019, c. 341, §1 (NEW).]

2.  Change of residence of child prohibited when parent under military orders.  A court may not order a change of the primary physical residence of a child when one of the child's parents is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence from the State is due to compliance with military orders unless the change is in the best interest of the child.

[PL 2019, c. 341, §1 (NEW).]

3.  Application.  This section applies only if the service of the member referred to in subsection 1 or subsection 2 is in support of:

A. An operational mission for which members of the reserve components have been ordered to active duty; or   [PL 2019, c. 341, §1 (NEW).]

B. Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.   [PL 2019, c. 341, §1 (NEW).]

[PL 2019, c. 341, §1 (NEW).]

SECTION HISTORY

PL 2019, c. 341, §1 (NEW).