When parents are deployed, custody and visitation arrangements may have to change. The law sets out some things to do when a parent is notified about a deployment. Deployment means movement of a service member for more than 90 days but less than 18 months where dependents are not allowed to accompany a service member.
A deployed parent must notify the other parent in writing, text or email not later than 7 days after receiving notice of the deployment. The parents can enter into a temporary agreement granting a parent or nonparent with custody or visitation rights. Any agreement must:
- be in writing
- be signed by both parents and any nonparent who is getting custodial responsibilities
- spell out the condition of the deployment
- acknowledge that child support cannot be modified by the parties’ agreement alone
- provide that the agreement will end according to the procedures set out in the code
- be filed with the court if there is a current custody order.
The agreement also must specify:
- who has caretaking responsibilities, during what period,
- who has decision-making authority
- any limited contact with a nonparent,
- the frequency, duration and means by which the deploying parent will have contact with the child and any role the non-deploying parent has in setting up the contact, as well as who covers the costs
- the contact the deploying parent has when available during the deployment
- the process to resolve any dispute if a nonparent shares in custodial responsibilities.
The parents can ask the court to decide who will have caretaking authority while the deployed parent is away. The court can grant:
- part of a deploying parent’s caretaking authority to a nonparent, but the grant is limited to the amount of time that the deploying parent usually spent with the child (if no court order) or was permitted under a court order
- part of a deploying parent’s decision-making authority to a nonparent; the court must specify the scope of the authority
The nonparent must be a person with whom the child has a close and substantial relationship and does not have a history of domestic abuse and is not a sex offender.
Any court order is temporary and will terminate after the deploying parent returns from deployment.
Changing caretaking and decision-making when a parent is deployed can be complicated. Talk to a lawyer if you or the other parent is deployed.