60-1630. Child custody and parenting time for parents deployed by the military; modification of orders; hearing.
60-1630
60-1630. Child custody and parenting time forparents deployed by the military; modification of orders; hearing.(a) As used in this section:
(1) "Deployment" means the temporary transfer of a service memberserving in an active-duty status to another location in supportof combat or some other military operation.
(2) "Mobilization" means the call-up of a national guard orreserve service member to extended active-duty status."Mobilization" does not includenational guard or reserve annual training.
(3) "Service member" means any member serving in an active-duty status in thearmed forces of the United States, the national guard or the armed forcesreserves.
(4) "Temporary duty" means the transfer of a service memberfrom one military base to a different location for a limitedperiod of time to accomplish training or to assist in theperformance of a noncombat mission.
(5) "Unaccompanied tour" means a permanent change of station for a servicemember where dependent travel is not authorized.
(6) "Nondeploying parent" means the parent not subject to deployment,mobilization,temporary duty or unaccompanied tour orders from the military.
(b) The absence, relocation or failure to comply with a custody or parentingtime orderby a parent who has received deployment, mobilization, temporary duty orunaccompanied tourorders from the military, shall not, by itself, constitute a material change incircumstanceswarranting a permanent modification of a custody or parenting time order.
(c) Any court order limiting previously ordered custodial or parenting timerights of aparent due to the parent's deployment, mobilization, temporary duty orunaccompanied tour shallspecify the deployment, mobilization, temporary duty or unaccompanied tour asthe basis for theorder and shall be entered by the court as a temporary order. Any such ordershall further requirethe nondeploying parent to provide the court with 30 days advance writtennotice of any changeof address and any change of telephone number.
(d) The court, on motion of the parent returning from deployment,mobilization, temporaryduty or unaccompanied tour, seeking to amend or review the custody or parentingtime order basedupon such deployment, mobilization, temporary duty or unaccompanied tour, shallset a hearing onthe matter that shall take precedence on the court's docket and shall be setwithin 30 days of the filingof the motion. Service on the nondeploying parent shall be at such nondeployingparent's last addressprovided to the court in writing. Such service, if otherwise sufficient, shallbe deemed sufficient forthe purposes of notice for this subsection. For purposes of this hearing, suchnondeploying parentshall bear the burden of showing that reentry of the custody or parenting timeorder in effect priorto deployment, mobilization, temporary duty or unaccompanied tour is no longerin the best interestsof the child.
(e) If the parties in a custody or parenting time matter concerning a parentwho receives deployment, mobilization, temporary duty or unaccompanied tourorders from themilitary have entered into aparenting plan pursuant to K.S.A. 60-1625, and amendments thereto, thatincludes provisions for custody and parenting time upon military deployment,mobilization, temporary duty or unaccompanied tour, it shall be presumed thatthe agreement is inthe best interests ofthe child. This presumption may be overcome and the court maymake a different order if the court makes specific findings offact stating why the agreed parenting plan is not in the bestinterests of the child.
(f) If a parent with parenting time rights receives deployment,mobilization, temporary duty or unaccompanied tour orders from the militarythat involve moving asubstantial distance from the parent's residence or otherwise have a materialeffect on the parent's ability to exercise parenting time rights, the court maydelegate the parent's parenting time rights, or a portion thereof, to amemberor members of the service member's familywith a close and substantial relationship to the minor child for theduration of the parent's absence, if delegating parenting time rights is in thebest interests of the child.
(g) Upon motion of a parent who has received deployment, mobilization,temporary duty or unaccompanied tour orders from the military, the court shall,for good cause shown,hold an expedited hearing in custody and parenting time matters institutedunder this section when the military duties of the parent have a materialeffect on the parent's ability, or anticipated ability, to appear in person ata regularly scheduled hearing.
(h) Nothing in this section shall preclude a parent from petitioning for amodification of acustody or parenting time order based upon a material change in circumstances.
(i) Any order entered pursuant to this section shall provide that:
(1) The nondeploying parent shall reasonably accommodate the leave scheduleof the parentsubject to deployment, mobilization, temporary duty or unaccompanied tourorders;
(2) the nondeploying parent shall facilitate opportunities for telephonic andelectronic mailcontact between the parent subject to deployment, mobilization, temporary dutyor unaccompaniedtour orders and the child during the period of such deployment, mobilization,temporary duty orunaccompanied tour; and
(3) the parent subject to deployment, mobilization, temporary duty orunaccompanied tourshall provide timely information regarding such parent's leave schedule to thenondeploying parent.Willful violation of such order shall constitute contempt of court.
(j) Nothing in this section shall alter the duty of the court todetermine custody or parenting time matters in accordance with the bestinterests of the child.
History: L. 2008, ch. 151, § 1; May 22.