North Dakota Code 14-09.3-12 – (302) Proceeding for temporary custody order
1. 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 the federal Servicemembers Civil Relief Act [50 U.S.C. appendix sections 521 and 522]. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
Terms Used In North Dakota Code 14-09.3-12
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. 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. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 14-09.3-03 or, if there is no pending proceeding in a court with jurisdiction under section 14-09.3-03, in a new action for granting custodial responsibility during deployment.