§ 81-10-302. Proceeding for temporary custody -- Order.

(1) (a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. (b) A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent. (2) (a) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. (b) The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under Section 81-10-103 or, if there is no pending proceeding in a court with jurisdiction under Section 81-10-103, in a new action for granting custodial responsibility during deployment.