Minn. Stat. § 518E.101
Short Title
This chapter may be cited as the "Uniform Deployed Parents Custody and Visitation Act."
Minnesota Statutes Chapter 518E — Uniform Deployed Parents Custody and Visitation Act
Minnesota · statute · Minn. Stat. ch. 518E · 31 active provisions
Minn. Stat. § 518E.102
Definitions
(a) The definitions in this section apply to this chapter. (b) "Adult" means an individual who has attained 18 years of age or an emancipated minor. (c) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, an…
Minn. Stat. § 518E.103
Remedies for Noncompliance
In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs a…
Minn. Stat. § 518E.104
Jurisdiction
(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 518D. (b) If a court has issued an order regarding custodial responsibility pursuant to sections 518E.301 to 518E.311, the residence of the deploying parent is not changed by reason of t…
Minn. Stat. § 518E.105
Notification Required of Deploying Parent
(a) Except as otherwise provided in paragraph (d) and subject to paragraph (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstan…
Minn. Stat. § 518E.106
Duty to Notify of Change of Address
(a) Except as otherwise provided in paragraph (b), an individual to whom custodial responsibility has been granted during deployment pursuant to sections 518E.201 to 518E.205 or sections 518E.301 to 518E.311 shall notify the deploying parent and any other individual with custodial responsibility of a child of any chang…
Minn. Stat. § 518E.201
Form of Agreement
(a) The parents of a child may enter into an agreement under sections 518E.201 to 518E.205 granting custodial responsibility during deployment. (b) An agreement under paragraph (a) must be: (1) in writing; and (2) signed by both parents and any nonparent to whom custodial responsibility is granted. (c) Subject to parag…
Minn. Stat. § 518E.202
Nature of Authority Created by Agreement
(a) An agreement under sections 518E.201 to 518E.205 terminates pursuant to sections 518E.401 to 518E.404 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 518E.203. The agreement does not create an independent, con…
Minn. Stat. § 518E.203
Modification of Agreement
(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 518E.201 to 518E.205. (b) If an agreement is modified under paragraph (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any non…
Minn. Stat. § 518E.204
Power of Attorney
A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently in effect prohibits contact between the c…
Minn. Stat. § 518E.205
Filing Agreement or Power of Attorney with Court
An agreement or power of attorney under sections 518E.201 to 518E.205 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pendi…
Minn. Stat. § 518E.301
Definition
In sections 518E.301 to 518E.311, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Minn. Stat. § 518E.302
Proceeding for Custody Order
(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue an order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, United States Code, title 50, appendix sections 521 and 522. A court may not issue a permanent order gran…
Minn. Stat. § 518E.303
Expedited Evidentiary Hearing
If a motion to grant custodial responsibility is filed under section 518E.302, paragraph (b), before a deploying parent deploys, the court shall conduct an expedited evidentiary hearing within 30 days of filing the motion. In determining whether to grant custodial responsibility, the court shall consider the best inter…
Minn. Stat. § 518E.304
Testimony by Electronic Means
In a proceeding under sections 518E.301 to 518E.311, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Minn. Stat. § 518E.305
Effect of Prior Judicial Order or Agreement
In a proceeding for a grant of custodial responsibility pursuant to sections 518E.301 to 518E.311, the following rules apply: (1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than…
Minn. Stat. § 518E.306
Grant of Caretaking or Decision-Making Authority to Nonparent
(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interests of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or to another adult. The individual who is granted caretaking authority must…
Minn. Stat. § 518E.307
Grant of Limited Contact
On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has…
Minn. Stat. § 518E.308
Nature of Authority Created by Custody Order
(a) A grant of authority under sections 518E.301 to 518E.311 terminates under sections 518E.401 to 518E.404 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority,…
Minn. Stat. § 518E.309
Content of Custody Order
(a) An order granting custodial responsibility under sections 518E.301 to 518E.311 must: (1) designate the order as being of limited duration; (2) identify to the extent feasible the destination, duration, and conditions of the deployment; (3) identify and address any issues of domestic abuse as prescribed in section 5…
Minn. Stat. § 518E.310
Order for Child Support
If a court has issued an order granting caretaking authority under sections 518E.301 to 518E.311, or an agreement granting caretaking authority has been executed under sections 518E.201 to 518E.205, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the…
Minn. Stat. § 518E.311
Modifying or Terminating Grant of Custodial Responsibility to Nonparent
(a) Except for an order under section 518E.305, except as otherwise provided in paragraph (b), and consistent with the Servicemembers Civil Relief Act, United States Code, title 50, appendix sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making aut…
Minn. Stat. § 518E.312
Motions for Amended Findings and Order
A party who disagrees with an order issued under this chapter may bring a motion for amended findings and order before the district court within the time limits set forth under Minnesota Rules of Civil Procedure.
Minn. Stat. § 518E.401
Procedure for Terminating Grant of Custodial Responsibility Established by Agreement
(a) At any time after return from deployment, an agreement granting custodial responsibility under sections 518E.201 to 518E.205 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (b) An agreement under sections 518E.201 to 518E.205 granting custodial responsibility term…
Minn. Stat. § 518E.4011
Return from Deployment; Notification Requirement
(a) When a deploying parent returns from deployment and a custodial responsibility order concerning the deploying parent's child has been previously issued by the court, the deploying parent or the appropriate commanding officer must provide notice in a record regarding the return of a deploying parent from deployment…
Page 1 of 2Next →