For a military parent, deployment is perhaps the most challenging test. You’ll need to manage not just your children’s emotions and expectations but the legal requirements of your parenting plan. What can a parent do when they’ve been deployed while the plan requires them to have the children and make decisions for their care? And what can a co-parent do when deployment throws the parenting plan into disarray?

If you’re in the military, you may worry that the children’s stateside family members will not meet their needs or even try to undermine your rights in your absence. However, as a service member, you have rights under both federal law and Arizona law that will help you ensure your children’s safety and preserve your parenting plan.

If your co-parent is also military, you will want to understand the responsibilities, as well as the rights, that servicemembers have toward their families. The Department of Defense expects servicemembers to establish proper care and arrangements for their children.

Family Care Plans (FCPs)

The military requires certain servicemembers to file a Family Care Plan, including those who are pregnant, those who have joint or full custody of a child under 19, and those with visitation rights.

As part of the FCP, a servicemember will choose a temporary guardian for their children to serve during deployment as necessary. The FCP will include a certificate of acceptance from the guardian, together with a power of attorney (POA) and other essential documents. The servicemember should also plan and prepare copies of:

  • Financial arrangements for the children
  • Information about the servicemember’s will and other vital documents
  • The children’s daily schedule, personal needs, and behavioral standards
  • An outline of the parenting plan and any other legal orders that apply
  • Information about the children’s medical needs (allergies, prescriptions, etc.)

If you are in service, an Arizona court will take your FCP into account. Once you advise the court of your deployment, the court can delegate your parenting time to your chosen guardian. This guardian should be a relative or “another person who is not the child’s parent but who has a close and substantial relationship to the minor child, if the court determines that is in the child’s best interest.” See A.R.S. § 25-411(G).

However, the FCP is not legally binding on state courts. It cannot overrule Arizona law, and it must comply with existing custody arrangements. The guardian must be acceptable to an Arizona court and cannot be “a person who would be subject to limitations on parenting time.” The parent must also provide a “specific transition schedule” for the child within ten days after the deployment ends.

As with any parenting plan, the FCP needs co-parent communication to work best. Co-parents and relatives should understand who the temporary guardian will be and how the family will handle the transition.

If a co-parent wants to seek a court order while the servicemember is away, they must expect to comply with the Servicemembers Civil Relief Act (SCRA).

The SCRA and Military Child Custody in Arizona

The SCRA applies to anyone in military service, which includes:

  • All members of the uniformed services—Army, Navy, Marines, Air Force, Space Force, Coast Guard, active-duty Reserves, and commissioned officers of the Public Health Services and NOAA
  • Members of the National Guard who have been deployed by the federal government
  • US citizens in allied force services

The provisions of the SCRA offer protections to servicemembers in civil court, including the following:

  • All civil proceedings, including child custody actions, can be stayed (paused) for up to 90 days to accommodate active military service. See 50 USC § 3932.
  • Certain statutes of limitations are “tolled” (paused) for servicemembers while they are deployed so they will not miss deadlines to defend their rights in court. See § 3936.
  • If a servicemember was not given proper opportunities to defend themselves against a judgment in court, that judgment may be vacated or set aside. See § 3931.
  • A military parent’s absence during deployment cannot be held against them in custody modification proceedings. See § 3938.

These provisions help protect the custody rights of military parents while they are deployed. Arizona state law also provides separate protections. However, you will need to inform the court in a timely fashion about your deployment.

When a child spends the majority of their time with an active-duty parent who is deployed, an Arizona court will not enter a final judgment modifying child custody until 90 days after deployment ends. See A.R.S. § 25-411(B). If you are unable to personally appear in an Arizona court due to deployment, the court can allow you to testify or submit evidence via phone or internet. See § 25-411(E).

Your Military Family Lawyers in Arizona

Military divorce and child custody proceedings are even more complicated than civilian cases—don’t go without guidance. Our Arizona legal team is ready to help you, whether you’re a member of the military or a co-parent with someone who is. Talk to us today in Phoenix at 480-448-0608 to schedule a case evaluation.