What is the Impact of Military Deployment on Child Custody and Visitation?

Divorce is never easy on anyone, and it can get more devastating for children when military deployment is involved. The move affects child custody and visitation plans and may jeopardize a child’s best interests. Phoenix family lawyers highlight the following significant implications:

  • The deployed parent won’t be able to physically be present or get involved in the child’s life and routine
  • When it’s the other parent’s time to be with the child, the non-deployed parent may have to adjust their schedule and take on more responsibilities to care for the child.
  • The child may develop feelings of anger, abandonment, stress, or confusion toward the deployed parent.
  • The child must adapt to spending more time with the non-deployed parent or another guardian.
  • The deployed parent may need to rely on the other parent to make most decisions about the child’s education, medical care, and extracurricular activities.

A military deployment can be challenging for all the parties involved. Therefore, it’s essential to discuss with your ex-spouse early in advance about how to handle the situation if it arises. However, consult skilled child custody attorneys in Phoenix if it has already happened and is weighing you down. They could help you modify the parenting plan for a favorable outcome.

Can I Modify an Existing Child Custody or Parenting Plan Due to Military Deployment?

A military parenting plan can be subject to modification, just like a standard one. The aim is to ensure it can adapt to the family’s changing dynamics. Family courts understand that parenting plans sometimes need to be revised as the children’s best interests change, and a military family is no different.

Before filing a petition to modify a parenting plan, Phoenix child custody lawyers recommend keeping a journal to track issues, challenges, events, and successes. With these notes, it can be easier to identify patterns for challenges or adverse side effects of the plan. Some of the things you can take note of are:

  • Late or missed visitations by either parent
  • The child’s positive or negative behavior before and after a transfer
  • Dropping grades or behavioral issues in school
  • Symptoms of illness in the child as they first appear
  • The times and doses the child should take their medication
  • Instances of neglect, carelessness, or threats by the other parent

Stipulating a Temporary Child Custody or Parenting Plan Modification

You can discuss these issues with the other parent to determine possible solutions for temporary modification. A temporary agreement can enable the child to maintain their routine while you’re deployed. Ensure you create this temporary order before you leave, or the courts must decide who will take care of and make decisions for your child.

  • Child custody attorneys in Phoenix can guide you in doing the following when creating a temporary custody order:
  • Planning for custody or reasonable visitation during the deployed parent’s leave period, if it is in the child’s best interests
  • Determining how and when you will communicate with the child while you’re away
  • Decide where the child will live while you’re away, the type of schedule they will have, and the financial arrangements you will make to aid the other parent in caring for the child.
  • Stipulating when you expect to return from deployment so that the original order can be reinstated.

If you agree to the changes, ensure you notify the court. If approved, the plan will precede the previous one until your deployment ends. Usually, the non-deployed parent will assume fullresponsibility for caring for the child. Grandparents and extended family may occasionally assume care to uphold the child’s routine.

What If We Can’t Agree on a Temporary Modification?

The court can intervene if you and your ex-spouse can’t agree on temporary modification due to military deployment. However, your request should not be based solely on the other parent’s temporary absence as the basis for modification.

Family lawyers in Phoenix advise that any orders a court makes in response to a parent’s temporary absence due to deployment are deemed temporary. They will be subject to review and reconsideration upon the parent’s return from deployment.

When issuing a temporary modification order, the court must ensure it allows for “frequent and continuing contact with the child through reasonably available means.” As the parent who will be absent, you may request the court to grant visitation to your parent, spouse, or another family member. The court must make specific determinations before granting the request.

The court should also:

  • Express in the order that the temporary modification will only be effective for a specific period. The parents should return to the terms of the original order within 10 days of the deployed parent’s return, unless there is proof that the original order no longer serves the child’s best interests.
  • Arrange for immediate notification by each parent of any change of address or contact information to the court and the other parent. The exception is if there is domestic violence that requires the abused parent’s address to remain private.

A Skilled Child Custody Lawyer Helping You Navigate Modification Due to Military Deployment

Filing for child custody modification as a deployed parent can present various challenges. You may be unable to attend hearings or provide evidence due to military duties. Fortunately, skilled Phoenix child custody attorneys can represent you to ensure your rights and interests are well-presented in court.

Arizona Family Law Attorneys hosts dedicated family attorneys who can help you navigate these issues. Our legal team delights in assisting clients to make practical choices for their families, and we can help you, too. There is no substitute for peace of mind, so we will put our best foot forward to fight for a favorable outcome. Call us at 480-448-0608 to schedule a consultation.