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Statutes Text

Article - Family Law




§9–108.

    (a)    In this section:

        (1)    “deployment” means compliance with military orders received by a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other Reserve component to report for combat operations or other active service for which the member is required to report unaccompanied by any family member or that is classified by the member’s branch as remote; and

        (2)    “deployment” does not include National Guard or Reserve annual training, inactive duty days, or drill weekends.

    (b)    Any order or modification of an existing child custody or visitation order issued by a court during a term of a deployment of a parent shall specifically reference the deployment of the parent.

    (c)    (1)    A parent who petitions the court for an order or modification of an existing child custody or visitation order after returning from a deployment shall specifically reference the date of the end of the deployment in the petition.

        (2)    (i)    If the petition under paragraph (1) of this subsection is filed within 30 days after the end of the deployment of the parent, the court shall set a hearing on the petition on an expedited basis.

            (ii)    If the court finds that extenuating circumstances prohibited the filing of the petition within 30 days after the end of the deployment of the parent, the court may set a hearing on the petition on an expedited basis whenever the petition is filed.

    (d)    Any custody or visitation order issued based on the deployment of a parent shall require that:

        (1)    the other parent reasonably accommodate the leave schedule of the parent who is subject to the deployment;

        (2)    the other parent facilitate opportunities for telephone and electronic mail contact between the parent who is subject to the deployment and the child during the period of deployment; and

        (3)    the parent who is subject to the deployment provide timely information regarding the parent’s leave schedule to the other parent.



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