West Virginia Code § 48-31-301

Proceeding for temporary custody order
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(a) 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 Service
Members Civil Relief Act, 50 U.S.C. §3931 and §3932. A court may not issue a permanent order
granting custodial responsibility without the consent of the deploying parent.
(b) 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 mrotion shall be filed in a
pending proceeding for custodial responsibility in a court with jurisdiction under section one
hundred four of this article or, if there is no pending proceeding in a cuourt with jurisdiction under
section one hundred four of this article, in a new action for granting custodial responsibility during
deployment.

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