§ 75-l. Military service by parent; effect on child custody orders\npursuant to this article.
1.During the period of time that a parent is\nactivated, deployed or temporarily assigned to military service, such\nthat the parent's ability to continue as a joint caretaker or the\nprimary caretaker of a minor child is materially affected by such\nmilitary service, any orders issued pursuant to this article, based on\nthe fact that the parent is activated, deployed or temporarily assigned\nto military service, which would materially affect or change a previous\njudgment or order regarding custody of that parent's child or children\nas such judgment or order existed on the date the parent was activated,\ndeployed, or temporarily assigned to military service shall be subject\nto review pursuan
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§ 75-l. Military service by parent; effect on child custody orders\npursuant to this article. 1. During the period of time that a parent is\nactivated, deployed or temporarily assigned to military service, such\nthat the parent's ability to continue as a joint caretaker or the\nprimary caretaker of a minor child is materially affected by such\nmilitary service, any orders issued pursuant to this article, based on\nthe fact that the parent is activated, deployed or temporarily assigned\nto military service, which would materially affect or change a previous\njudgment or order regarding custody of that parent's child or children\nas such judgment or order existed on the date the parent was activated,\ndeployed, or temporarily assigned to military service shall be subject\nto review pursuant to subdivision three of this section. Any relevant\nprovisions of the Service Member's Civil Relief Act shall apply to all\nproceedings governed by this section.\n 2. During such period the court may enter an order to modify custody\nif there is clear and convincing evidence that the modification is in\nthe best interests of the child. An attorney for the child shall be\nappointed in all cases where a modification is sought during such\nmilitary service. Such order shall be subject to review pursuant to\nsubdivision three of this section. When entering an order under this\nsection, the court shall consider and provide for, if feasible and if in\nthe best interests of the child, contact between the military service\nmember and his or her child including, but not limited to, electronic\ncommunication by e-mail, webcam, telephone, or other available means.\nDuring the period of the parent's leave from military service, the court\nshall consider the best interests of the child when establishing a\nparenting schedule, including visiting and other contact. For such\npurpose, a "leave from service" shall be a period of not more than three\nmonths.\n 3. Unless the parties have otherwise stipulated or agreed, if an order\nis issued under this section, the return of the parent from active\nmilitary service, deployment or temporary assignment shall be considered\na substantial change in circumstances. Upon the request of either\nparent, the court shall determine on the basis of the child's best\ninterests whether the custody judgment or order previously in effect\nshould be modified.\n 4. This section shall not apply to assignments to permanent duty\nstations or permanent changes of station.\n