Procedure for terminating temporary grant of custodial responsibility established by agreement
When a parent who was deployed in the military comes back, a temporary custody agreement they made while away can be ended. The two parents can sign a paper to end it, and it ends on whatever date they write down, or on the day they both sign if no date is written. If the parents do not sign an agreement to end it, the temporary custody arrangement automatically ends 60 days after the deployed parent tells the other parent they are back home. If the temporary agreement was filed with a court, the paper ending it also has to be filed with that same court within a reasonable time after it is signed.
452.1246. Procedure for terminating temporary of established by agreement. — 1. At any time after from , a temporary agreement granting custodial responsibility under sections 452.1214 to 452.1222 may be terminated by an agreement to terminate signed by the and the other parent.
2. A temporary agreement under sections 452.1214 to 452.1222 granting custodial responsibility terminates:
(1) If an agreement to terminate under 1 of this section specifies a date for , on that date; or
(2) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
3. In the absence of an agreement under subsection 1 of this section to terminate, a temporary agreement granting custodial responsibility terminates under sections 452.1214 to 452.1222 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
4. If a temporary agreement granting custodial responsibility was filed with a court section 452.1222, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.
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Source & history notes
(L. 2024 S.B. 912)
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