Military Service & Child Custody Orders

Members of the military face unique challenges when balancing their parental responsibilities with military service. Deployment and assignments can take military parents far from home for what can be an uncertain amount of time.  When this occurs, concerns about how their absence may affect child custody and visitation orders can arise.  Fortunately, California family law, as well as Federal law, provides strong protections to ensure that a military parent’s service does not unfairly alter custody rights or damage their parent-child relationship.  Whether you are stationed in Travis AFB, Beale AFB, or deployed overseas, it’s important to know how California and Federal laws safeguard your custody rights.

The California Family Code Protects Deployed Parents

Serving in the military overseas can be stressful for parents. For many, it means they will be separated from their children for long periods of time. A typical scenario is that each parent has joint (50/50) custody. When one parent goes into active duty, the other gets primary custody even though no child custody modifications were made. Usually, when the military parent returns, he or she will want to resume the previous custody and parenting arrangement. The problems arise when the other parent now wants sole custody or wants to modify the custody and visitation order by the family court.

Fortunately, California Family Code §3047 makes it clear that a California family court cannot modify custody or visitation solely because of a parent’s absence, relocation, or failure to comply with the child custody and visitation order that resulted from active military service and deployment outside the State of California.

The critical word here is “solely.” The absence of the military parent does not by itself result in a loss of joint custody or equal parenting time. The court can only modify custody if there are other factors affecting the child’s best interests.

Temporary Child Custody and Visitation Orders During Deployment

When a military parent needs to leave for deployment, mobilization, or temporary duty, a temporary custody modification should be made before the military parent departs. These orders are temporary; not permanent. When the military parent returns, the family law judge will review it and potentially reconsider the temporary custody order.

Typically, there is even a presumption in effect that the order should go back to the way it was before deployment. But with that said, again, when it comes to California child custody law, the child’s best interest is of paramount importance when evaluating custody and visitation.

The best strategy for military parents is to have good communication with the other parent. Often service members don’t know exact or future deployment dates, but it’s important to give the other parent all the information that is available. Open communication lines will allow both parents to make contingency plans that will cover the child custody and visitation no matter what happens.

California’s child custody and visitation laws, both codes and cases, are protective of military personnel. In consideration of military service which often deprives military parents of physical custody, the law gives flexibility to the absent parent.

In the event a military parent and the other parent cannot reach an amicable agreement, the legal advice from a California child custody attorney may be needed. It is often the best way to ensure that the military parent’s rights are restored and protected.

Free Consultation

To learn more about your child custody rights and implications of military service call our affordable Sacramento family law attorney at (916) 250-1610 to schedule your free consultation Monday through Saturday from 8 AM to 6 PM.