Sunday January 21, 2018

FAMILY LAW: New Service Member Parental Rights Act.

Effective August 1, 2015, Minnesota added a new statute to protect the parental rights of parents who serve in the armed forces of the United States.  This statute is named the Uniform Deployed Parents Custody and Visitation Act (UDPCVA).

Promulgated under Section 518E of the Minnesota Statutes, the UDPCVA sets forth parameters to implement and enforce agreements entered into by parents as well as judicial procedures for litigation between parties in relation to custody and parenting time of the children when one of the parents is a uniformed service member.  Minnesota was one of the last states in our country to develop such a law.

Deploying parents need to be ensured that they are not being penalized as parents for their service.  At the same time, children need to be supported during their care with the non-deploying parent.  The UDPCVA provides uniformity of law to address these unique parental circumstances.  However, you may need learned counsel to address your custodial needs under this new law.

We can advise and assist you to implement an agreement or litigate to establish a fair custodial arrangement regarding you and your children.  Let us know if we can help you.

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