(1) 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 Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, the deploying parent or other parent may file a motion regarding custodial responsibility for a child during deployment. The motion shall be filed in an underlying action affecting the family under ch. 767 for custodial responsibility in a court with jurisdiction under s. 324.04 or, if there is no underlying action affecting the family under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting custodial responsibility during deployment.