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Lieutenant Robinson,
U.S. Navy Flight Instructor, 1992
All Rights Reserved. Copyright 1999
by Ronald Robinson.
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Virginia Military
Parents Equal Protection Act
§
20-124.7. Definitions.
For purposes of this chapter:
"Deploying parent or guardian" means a parent of a child under the age of
18 whose parental rights have not been terminated by a court of competent
jurisdiction or a guardian of a child under the age of 18 who is deployed or who
has received written orders to deploy with the United States Army, Navy, Air
Force, Marine Corps, Coast Guard, National Guard, or any other reserve component
thereof.
"Deployment" means compliance with military orders received by a member of
the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National
Guard, or any other reserve component thereof to report for combat operations or
other active service for which the deploying parent or guardian is required to
report unaccompanied by any family member.
§
20-124.8. Deployment; temporary order.
| A. Any court order limiting previously ordered custodial or
visitation rights of a deploying parent or guardian due to the parent's
or guardian's deployment shall specify the deployment as the basis for
the order and shall be entered by the court as a temporary order. Any
such order shall further require the nondeploying parent or guardian to
provide the court with 30 days advance written notice of any change of
address and any change of telephone number.
B. The court, on motion of the deploying parent or guardian to
delegate visitation to a family member, including a stepparent, with
whom the child has a close and substantial relationship and upon finding
that such delegation is in the best interests of the child, may enter an
order delegating visitation that:
1. Delegates all or a portion of the deploying parent's or guardian's
visitation rights to such family member, if the deploying parent or
guardian had visitation rights with the child prior to the deployment;
or
2. Provides visitation rights to such family member, if the deploying
parent or guardian had physical custody of the child prior to the
deployment and the nondeploying parent or guardian, or a family member
of the nondeploying parent or guardian, is awarded physical custody
during the deployment.
An order delegating or providing visitation rights to a family member
pursuant to this subsection does not create a separate right to
visitation in the family member to whom visitation rights are delegated
or provided. The deploying parent or guardian may at any time, and the
nondeploying parent or guardian may upon a showing of a material change
in circumstances, file a motion to rescind the order delegating or
providing visitation rights to a family member and such order shall
terminate by operation of law upon the return of the deploying parent or
guardian from deployment. Written notice of the return of the deployed
parent or guardian and the termination of the delegated visitation shall
be provided by the previously deployed parent or guardian to any family
member whose visitation is thereby terminated.
C. The court, on motion of the deploying parent or guardian returning
from deployment seeking to amend or review the custody or visitation
order entered based upon the deployment, shall set a hearing on the
matter that shall take precedence on the court's docket, and shall be
set within 30 days of the filing of the motion. For purposes of this
hearing, the nondeploying parent or guardian shall bear the burden of
showing that reentry of the custody or visitation order in effect before
the deployment is no longer in the child's best interests.
D. This section shall not otherwise preclude a parent or guardian
from petitioning for a modification of a custody or visitation order
based upon a change in circumstances. |
§
20-124.9. When no order is in place; expedited hearing.
| A. If no court order exists as to the custody, visitation, or
support of a child of a deploying parent or guardian, any petition filed
to establish custody, visitation, or support for a child of a deploying
parent or guardian shall be so identified at the time of filing by the
deploying parent or guardian to ensure that the deploying parent or
guardian has access to the child, and that reasonable support and other
orders are in place for the protection of the parent-child or
guardian-child relationship, consistent with the other provisions of
this chapter. Such petition shall be expedited on the court's docket in
accordance with §
20-108.
B. In any proceeding under this chapter where a deploying parent or
guardian is reasonably unable to appear as a result of his deployment,
the court, upon motion of the deploying parent or guardian and for good
cause shown, may conduct any hearing using a telephonic communication
system or an electronic audio and video communication system to provide
for the appearance of any parties and witnesses. |
§
20-124.10. Contents of temporary custody or visitation order.
Any order entered pursuant to §
20-124.8
shall provide that (i) the nondeploying parent or guardian shall reasonably
accommodate the leave schedule of the deploying parent or guardian, (ii) the
nondeploying parent shall facilitate opportunities for telephonic and electronic
mail contact between the deploying parent or guardian and the child during the
deployment period, and (iii) the deploying parent or guardian shall provide
timely information regarding his leave schedule to the nondeploying parent or
guardian. |
