Military service of parent not to be a basis for modification of a visitation or custody order
If a parent is away because they were called up for military duty and sent out of state, that alone is not enough reason to change a custody or visitation order. Any court order about custody, visitation, or protection that is made while a parent is deployed out of state is only temporary — it cannot last longer than the deployment itself.
452.412. Military of parent not to be a basis for of a or — limitations on of certain s. — 1. A 's absence, , or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party's and out-of-state.
2. For a party in active military service and deployed out-of-state, any court order:
(1) Issued or regarding child custody or visitation during the time of such out-of-state military deployment of the party, including as part of an entry of or , shall be temporary in nature and shall not exceed the length of time of such deployment;
(2) Issued regarding adult or child orders of protection under sections 455.010 to 455.085 or sections 455.500 to 455.538, during the time of such out-of-state military deployment of the party, may be extended beyond the initial fifteen days required under sections 455.040 and 455.516. Such orders issued under this shall be temporary in nature and shall not exceed the length of time of such deployment.
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Source & history notes
(L. 2008 H.B. 1678, A.L. 2009 H.B. 427)
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