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How will military deployment affect my child custody rights?  

On Behalf of | Feb 13, 2025 | Child Custody And Visitation

Military parents who get deployment orders often worry about their child custody rights. Each year, thousands of service members must plan ahead to protect their parental rights while serving overseas. The law offers special protections to ensure deployment won’t harm their long-term custody arrangements.  

What the law says about military parents and custody  

Federal and state laws work together to protect military parents. The Servicemembers Civil Relief Act gives essential protection, while many states follow the Uniform Deployed Parents Custody and Visitation Act. These laws spell out clear rules for custody during deployment.  

Steps to protect your rights during deployment  

Before you leave, you must take several steps to keep your custody rights safe. Here are the key actions every military parent should take:  

  • Make a detailed Family Care Plan.  
  • Get your custody changes in writing.  
  • Keep all your deployment papers.  
  • Set up ways to talk with your kids while away.  
  • Tell the court about your deployment dates.  

After you list these items, you can return to your original custody plan when you come home. The court will help make this happen.  

Your legal rights while deployed 

The law includes several important points that help military parents:  

  • Courts can’t change custody just because you deploy.  
  • You can pick someone to take your parenting time.  
  • You keep the right to talk to your kids regularly.  
  • Your original custody plan will stay in place when you return.  
  • Family members can often step in during your absence.  

Military service should not cost you time with your kids. The law stands ready to protect your rights as a service member and a parent.   

A family law attorney can help you make the right plans before deployment. They know these special laws and can ensure you follow all the steps to protect your rights. 

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