Grant of caretaking or decision-making authority to nonparent
When a parent is being deployed (sent away for military service), a court can give some parenting responsibilities to a trusted adult — like a family member or someone close to the child — if it is good for the child. The time that adult spends with the child cannot be more than the time the deploying parent normally had, unless the other parent agrees. A court can also let that trusted adult make certain decisions for the child — like about school, religion, health care, or activities — if the deploying parent cannot make those decisions while away.
452.1234. of caretaking or to . — 1. On of a and in accordance with law of this state other than sections 452.1200 to 452.1258, if it is in the , a court may grant to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.
2. Unless a grant of caretaking authority to a nonparent under 1 of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(1) The amount of time granted to the deploying parent under a , but the court may add unusual travel time necessary to transport the child; or
(2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent cared for the child before being notified of , but the court may add unusual travel time necessary to transport the child.
3. A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that , to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
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Source & history notes
(L. 2024 S.B. 912)
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