West Virginia Code § 48-31-201

Form of agreement addressing custodial responsibility during
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deployment.
(a) The parents of a child may enter into a temporary agreement under this article granting custodial
responsibility during deployment.
(b) An agreement under subsection (a) of this section shall be:
(1) In writing; and
(2) Signed by both parents and any nonparent to whom custodial responsibility is granted.
(c) Subject to subsection (d) of this section, an agreement under stubsection (a), if feasible, shall:
(1) Identify the destination, duration, and conditions of thea deployment that is the basis for the
agreement;
(2) Specify the allocation of caretaking authority among the deploying parent, the other parent, and
any nonparent;
(3) Specify any decision-making authority that accompanies a grant of caretaking authority;
(4) Specify any grant of limited contact to a nonparent;
(5) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or
by other nonparents, provide a process to resolve any dispute that may arise;
(6) Specify the frequency, duration and means, including electronic means, by which the deploying
parent will have contac t with the child, any role to be played by the other parent in facilitating the
contact, and the allocation of any costs of contact;
(7) Specify the contact between the deploying parent and child during the time the deploying parent
is on leave or is otherwise available;
(8) Acknowledge that any party's child-support obligation cannot be modified by the agreement, and
that changing the terms of the obligation during deployment requires modification in the
appropriate court;
(9) Provide that the agreement will terminate according to the procedures specified in this article
after the deploying parent returns from deployment; and
(10) If the agreement must be filed pursuant to section two hundred five of this article, specify which
parent is required to file the agreement.
(d) The omission of any of the items specified in subsection (c) of this section does not invalidate an
agreement under this section.

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