photo_military§ 93-5-34. Child custody and visitation when a parent receives temporary duty, deployment or mobilization orders from the military

(1) It is the purpose of this section to provide a means by which to facilitate a fair, efficient and swift process to resolve matters regarding custody and visitation when a parent receives temporary duty, deployment or mobilization orders from the military. It is also the purpose of this section to facilitate continued communication between military parents and their minor children when the parent is on temporary duty or under deployment or mobilization orders.
(2) [Terms defined]

(3) When a parent who has custody, or has joint custody with primary physical custody, receives temporary duty, deployment or mobilization orders from the military that involve moving a substantial distance from the parent’s residence having a material effect on the parent’s ability to exercise custody responsibilities:
(a) Any temporary custody order for the child during the parent’s absence shall end no later than ten (10) days after the parent returns, . . . .; and
(b) The temporary duty, mobilization or deployment of the service member and the temporary disruption to the child’s schedule shall not be factors in a determination of change of circumstances if a motion is filed to transfer custody from the service member.
(c) Any order entered under this section shall require that: 
(i) The non-deployed parent shall make the child or children reasonably available to the deployed parent when the latter parent has leave;
(ii) The non-deployed parent shall facilitate opportunities for telephonic, “webcam,” and electronic mail contact between the deployed parent and the child or children during deployment; and
(iii) The deployed parent shall provide timely information regarding the parent’s leave schedule to the non-deployed parent.

(4) . . . the court may delegate the parent’s visitation rights, or a portion thereof, to a family member with a close and substantial relationship to the service member’s minor child for the duration of the parent’s absence, if delegating visitation rights is in the child’s best interest.

(5) . . . the court shall, for a good cause shown, hold an expedited hearing in custody and visitation matters instituted under this section . . . .

(6) . . . the court shall, upon reasonable advance notice and for good cause shown, allow the parent to present testimony and evidence by affidavit or electronic means in custody and visitation matters instituted under this section when the military duties of the parent have a material effect on the parent’s ability to appear in person at a regularly scheduled teleconference, or the Internet.

(7) and (8) Omitted.

Please call 601-982-9797 to obtain a complete copy of the above statute.