25-4B-107. General consideration in custody proceeding of parent's military service.

In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances that adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative.

Source: SL 2014, ch 123, § 7.