Maine Revised Statutes Title 19-A Sec. 1653-A – Parental rights and responsibilities; parent on active duty
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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.
[PL 2019, c. 341, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1653-A
- Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101
- Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
- state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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.
[PL 2019, c. 341, §1 (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; or [PL 2019, c. 341, §1 (NEW).]
B. Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress. [PL 2019, c. 341, §1 (NEW).]
[PL 2019, c. 341, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 341, §1 (NEW).