Updated July 2025
Carlsbad, CA – Our servicemen and servicewomen should be applauded for the ways in which they sacrifice their lives for the protection of others. What happens, then, when a service member is deployed while a child custody dispute is ongoing?
Military families face unique challenges when it comes to child custody laws due to the demands of military life. Child custody orders are formal court directives that establish and regulate custody arrangements, which may need to be modified when military service impacts family circumstances.
Every year, thousands of our California citizens are deployed from various military branches to bases around the world. Deployment situations like these can be tough on the servicemembers due to culture-shock and the pain of being separated from family and friends for long periods of time. When the stresses of military life and custody battles are added to the mix, the deployment order can seem almost insurmountable, as military life can complicate custody arrangements and legal proceedings. A well-structured child custody arrangement is essential to ensure stability and ongoing care for children during deployments.
Military parents, then, will be pleased to hear that special Federal and California state laws provide sweeping legal protections for military servicemen and servicewomen. Furthermore, safeguards have been enacted to protect servicemembers’ parental rights while actively serving. While both military parents and civilian parents are subject to the same best interest standards in custody decisions, military service introduces unique complications that must be addressed. It is important to seek specialized legal advice for military custody cases due to the unique legal and logistical challenges involved.
All About Military Child Custody
Military child custody involves determining the care, living arrangements, and overall well-being of children when one or both parents are serving in the armed forces. For military families, child custody laws and arrangements can be particularly complex due to the unique demands of military service, such as frequent relocations, unpredictable deployments, and the need to balance military duties with parental responsibilities. Understanding the legal landscape is crucial for military parents, as both federal and state laws provide important legal protections to ensure that a parent’s military service does not unfairly impact their custody rights.
Key federal laws, such as the Servicemembers Civil Relief Act (SCRA) and the Uniform Deployed Parents Custody and Visitation Act, are designed to protect deployed parents and ensure fair custody and visitation proceedings. These laws help prevent custody decisions from being made solely based on a parent’s military status or deployment. For military parents, being informed about these legal protections and how they apply to custody cases is essential for safeguarding their relationship with their children and ensuring the best possible outcome in any custody and visitation act proceedings.
Military Service Members Who Share Custody
According to divorce attorney John Griffith of San Diego family law firm Griffith Young, military members who share custody of a child should know that courts often favor joint custody or physical custody arrangements to support the child’s relationship with both parents, but may grant parent sole custody if circumstances warrant. Military service members must also be aware of how their service can impact custody orders and the need for a court ordered parenting plan, especially if they have received a notice of deployment or mobilization. They are urged to contact an experienced Los Angeles family law attorney to discuss their rights as active military parents.
“There are many considerations servicemembers are entitled to that can help them receive a favorable outcome not only in divorce proceedings, but also when it comes to child custody, visitation, and child support,” Griffith said. Creating a detailed parenting plan is essential for military parents, as parenting plans help clarify custody and visitation arrangements, especially in the context of deployment. A military parent’s deployment or relocation can influence how courts determine custody and may require modifications to existing custody orders.
The information provided here does not constitute legal advice. Readers should consult a qualified attorney for guidance on their specific situation. Legal guidance is especially important for military service members involved in custody proceedings to ensure their rights are protected.
Federal and State Protections
Griffith pointed to Federal law, which states that active duty military servicemen and servicewomen get a mandatory stay on any legal action for the first 90 days of deployment. The Servicemembers Civil Relief Act (SCRA), sometimes referred to as the Civil Relief Act, is designed to give sweeping protections to military members, especially those who may be battling over custody.
Federal enforcement acts and uniform child custody jurisdiction laws help ensure that custody decisions are respected across state lines, which is especially important for military families who may relocate frequently.
The stay on legal action prevents civilians from hitting military parents with unexpected custody requests on the eve of deployment. The Servicemembers Civil Relief Act provides protections for military parents during court proceedings, such as stays and postponements, ensuring they have a fair opportunity to participate in legal processes despite their service obligations. These protections also extend to legal custody matters, ensuring that military parents are not unfairly disadvantaged in custody disputes due to their service obligations.
When the 90 days have passed, California family law, as governed by state law, will then take precedent when governing the rights of active military parents.
Military Deployment & Custody Battles
Military parents fighting for custody (before deployment or while deployed) have provisions written for them in California family law that give them a loud voice in court. Servicemembers who have yet to be deployed, but are scheduled for deployment at some point in the future, can request that the child custody hearing be moved to an earlier date so that he or she can attend. In these situations, temporary custody arrangements may be necessary during deployment to ensure the child’s well-being and stability.
Servicemembers who have already been deployed, or if moving the hearing to an earlier date is impossible, the servicemember may request to attend the hearing by virtual means. Virtual methods include phone and video conferencing apps like Skype. If the judge determines that the appearance of the parent will not be unfair to the other spouse, the judge will usually grant the request. A military parent will not automatically lose custody or have their child custody status changed solely due to deployment, as courts prioritize the child’s best interests.
California courts will always do what is in the best interests of the children, maintaining the child’s well-being and considering any necessary changes to custody temporarily during deployment.
Custody Rights of Military Parents
California Family Code Section 3047 lists the parental rights of parents who may be mobilized or deployed due to military service. California military parents who are deployed may not have their parental rights altered, unless there are important factors to consider, like physical or substance abuse. In such cases, the court may award sole custody or avoid joint custody if the other parent can demonstrate that these arrangements are in the child’s best interests.
Changing a Custody Ruling
Military parents who share custody of a child with another while deployed can get their custody agreements changed, but any alterations may not be permanent and may only last for the length of deployment. If the military parent is deployed overseas, temporary custody arrangements may be necessary, and legal custody may be temporarily transferred to another guardian to ensure the child’s needs are met. When the military parent’s tour of duty is over, and they have returned to California soil, the previous custody agreement will once more take effect.
Temporary changes to a child custody order may be imposed if the military member’s deployment or mobilization results in a relocation that is a significant distance from where the children reside, and if the order otherwise adversely affects the parent’s ability to maintain the agreement.
Visitation Agreements
A military member may ask the court to grant visitation to a family member, such as a grandparent, aunt or step-parent, to help make the deployment situation easier on the children. Visitation rights are an important aspect of custody arrangements, especially during military deployment, to ensure the child maintains relationships with both parents and extended family.
“A judge may agree to this sort of visitation agreement if it is determined that there is an existing bond between the children and the chosen family member, if the new arrangement will help to reduce the negative effects of the parent’s deployment, and if the visitation agreement is in the children’s best interests,” Griffith said.
Military Family Care Plans
Military family care plans are a vital resource for military parents who may be called away from home due to military duty. Single parents serving in the military must have a comprehensive care plan in place to meet the requirements for active military duty. These plans are especially important for single military parents or those who share custody with a civilian parent, as they ensure that a child’s needs are met when a military parent is deployed or otherwise unavailable. Single parents may face additional legal requirements or restrictions when seeking to join or remain in active military duty, including custody considerations and the need for approved family care plans. A well-prepared military family care plan outlines who will care for the child in both short-term and long-term situations, designating a trusted family member or friend to step in as caretaker.
The short-term caretaker is typically a local family member or close friend who can provide immediate support if the military parent is deployed on short notice. For longer absences, the plan should name a long-term caretaker, who may live farther away but is prepared to take on the child’s daily care, educational needs, and medical responsibilities for an extended period. The military family care plan should also include detailed instructions about the child’s daily routines, medical care, school arrangements, and any special needs, ensuring continuity and stability for the child.
It is essential for military parents to review and update their military family care plan at least once a year, or whenever there are significant changes in their family situation, such as a new deployment order or changes in custody arrangements. Consulting a local family law attorney can help ensure that the military family care plan meets all legal requirements and fully protects the child’s well-being during the parent’s absence. Military benefits can provide essential support for families during periods of deployment or absence. By proactively preparing a comprehensive plan, military parents can have peace of mind knowing their child will be cared for, no matter where their military service takes them.
The Role of Family Members in Child Custody
Family members often play a vital role in child custody arrangements for military families, especially when a military parent is deployed or required to relocate for military duty. In these situations, grandparents, aunts, uncles, or other trusted relatives may be designated as temporary caregivers or guardians, providing stability and continuity for the child. Having a clear plan for who will care for the child when the military parent is deployed is an important part of any custody arrangement.
A comprehensive family care plan should outline the roles and responsibilities of family members, including details about daily routines, financial support, and how the child will stay connected with the deployed parent. Family members can offer emotional support and a sense of normalcy during times of transition, helping to ease the stress and uncertainty that can come with a parent’s deployment. By involving family members in custody arrangements, military parents can ensure their child’s well-being is prioritized, even when military service requires them to be away from home.
Child Custody Help for Military Families
Military families facing child custody challenges have access to a range of resources designed to support them through the process. Consulting with a local family law attorney who has experience in military child custody cases can be invaluable for developing effective parenting plans and resolving custody disputes. These professionals can help military families understand state and federal laws, prepare for court proceedings, and ensure that custody arrangements are in the best interests of the child.
For more information on military servicemember considerations under California family law, contact divorce attorney John Griffith of Griffith Young or call 858-345-1720 in Carlsbad to schedule a free consultation.