Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT HEADING: PL 1997, C. 455, §9 (RPR)
Chapter 3: MILITARY BUREAU
Subchapter 7: PENALTIES
§343. Parental rights and responsibilities; parent on active duty
1.Departure under military orders.
A court may not consider departure from the family residence or absence from the child or children as an adverse factor
in determining parental rights and responsibilities with respect to a minor child when the departing parent is a member of
the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than
30 days and whose absence is due to compliance with military orders.
[
2005, c. 353, §4 (NEW)
.]
2.Change of residence of child prohibited when parent under military orders.
A court may not order a change of the primary physical residence of a child when one of the child's parents is a member
of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more
than 30 days and whose absence from the State is due to compliance with military orders unless the change is in the best interest
of the child.
[
2005, c. 353, §4 (NEW)
.]
3.Application.
This section applies only if the service of the member referred to in subsection 1 or subsection 2 is in support of:
A. An operational mission for which members of the reserve components have been ordered to active duty without their consent;
or [2005, c. 353, §4 (NEW).]
B. Forces activated during a period of war declared by Congress or a period of national emergency declared by the President
or Congress. [2005, c. 353, §4 (NEW).]
[
2005, c. 353, §4 (NEW)
.]
SECTION HISTORY
2005, c. 353, §4 (NEW).
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