36-6-308 - Petition for assignment of visitation rights to legal or biological relatives while parent out of the state on active duty military service.
36-6-308. Petition for assignment of visitation rights to legal or biological relatives while parent out of the state on active duty military service.
(a) If a parent has been granted court-ordered visitation with that parent's minor child or children, and if that parent has been called to active duty military service and the active duty service requires the parent to be out of the state for a period of at least ninety (90) days, then that parent may petition the court with jurisdiction of the order granting visitation for a modification of that order for the temporary assignment of that parent's visitation rights to a legal or biological relative or relatives. The parent shall be joined in the petition by the relative or relatives to whom the parent is seeking to assign visitation rights. The petition shall include a proposed visitation schedule with the relative or relatives that shall not exceed the visitation time granted to the parent at the time of filing the petition.
(b) The court may grant the petitioner's request for assignment of visitation if the court finds that visitation on terms that the court deems appropriate would be in the best interest of the child.
(c) An order granting an assignment of visitation rights pursuant to this section shall terminate immediately upon the termination of the petitioner's term of out of state active duty military service.
[Acts 2009, ch. 442, § 1.]