When parents break up or divorce, possession of and access to their children can become among the most difficult issues they face – and there’s really no such thing as a “final order” when it comes to custody until those children are grown.
When a child’s parent is in the military, adjustments to the parenting schedule sometimes have to be made rather quickly, especially when that parent is suddenly deployed. Whether you’re the parent in the military or the parent who is not, it can help to understand what happens in those situations.
When the military parent is the primary conservator
When a custodial (conservator) military parent is deployed, either they or their co-parent may ask the court to designate someone else to take temporary possession of the child for however long the military parent is gone.
The court will still keep the child’s best interests in mind when making that designation. Since it’s generally assumed that the child’s other parent is their most natural custodian, that’s generally who will take full possession of the child during the deployment – absent a showing that it would be better for the child to live with someone else. In those situations, the court will either allow the military parent to designate someone or select someone on its own to care for the child.
Once the military parent’s deployment is over and they’ve returned home, the court’s temporary orders will automatically expire and each parent’s former rights to possession and access will be restored.
When the military parent has access (visitation)
A noncustodial military parent who is deployed may designate someone else to exercise their visitation rights on their behalf during that time. Typically, this is usually a stepparent, grandparent or another close relative. Such a designation can help preserve important familial bonds and keep the child’s routine stabilized. Broadly speaking, the court will usually approve the military parent’s designated choice unless it can be demonstrated that doing so would somehow be detrimental to the child.
If a noncustodial parent does not designate someone to exercise their visitation rights while they’re deployed, they can ask the court for “make-up time” with their child once their deployment ends.
If you’re a parent who is concerned about what a military deployment means for your child, it can help to seek a more detailed explanation that’s tailored to your unique concerns by consulting an attorney proactively.
