For military families, the call to serve often means facing unique and profound challenges. When a parent is deployed, the emotional toll on the family is significant, but the legal implications for child custody can be equally daunting. If you are a service member facing deployment, or the co-parent of one, you likely have pressing questions about how this absence will affect your custody arrangement and your relationship with your child.
At Raheen Family Law, we have deep respect for those who serve our country. As experienced family law attorneys in Northern Virginia—home to a large military community—we understand the specific legal protections afforded to military parents. We are dedicated to helping you navigate these complex issues so you can focus on your mission or your family with peace of mind.
The Virginia Military Parents Equal Protection Act
Historically, military deployment could severely disadvantage a service member in a custody dispute. A prolonged absence could be used by the other parent to argue for a permanent change in custody, claiming the child had established a new routine and stability.
To address this inequity, Virginia enacted the Virginia Military Parents Equal Protection Act (VMPEPA). This crucial piece of legislation is designed to ensure that a parent’s military service and subsequent deployment are not used against them in custody and visitation matters.
The core principle of the VMPEPA is that a parent’s absence due to military deployment cannot be the sole basis for a permanent modification of a child custody or visitation order.
Temporary Modification of Custody During Deployment
When a parent receives deployment orders, the existing custody arrangement often becomes impractical or impossible to maintain. The VMPEPA allows for the temporary modification of custody and visitation orders to accommodate the deployment.
Here is how the process generally works:
- Notice of Deployment: The deploying parent must notify the other parent of the impending deployment as soon as reasonably possible.
- Temporary Orders: Either parent can petition the court for a temporary modification of the custody order. This temporary order will dictate where the child lives and how visitation will be handled while the service member is away.
- Delegation of Visitation: One of the most significant provisions of the VMPEPA is the ability of the deploying parent to delegate their visitation rights to a family member, such as a grandparent or step-parent, during their absence. This ensures the child maintains a connection with the deployed parent’s side of the family. The court will approve this delegation if it is in the child’s best interests.
- Electronic Communication: The temporary order should also include provisions for the deployed parent to maintain contact with the child via phone, email, video chat (like Skype or FaceTime), or other electronic means, whenever feasible.
Reinstatement of the Original Custody Order
The protections of the VMPEPA extend beyond the deployment itself. The law ensures that the temporary custody arrangement does not become the new status quo simply because time has passed. Upon the deploying parent’s return, the temporary order automatically terminates. The original custody and visitation order that was in place before the deployment is immediately reinstated.
If the non-deploying parent wishes to permanently modify the custody arrangement after the service member returns, they must file a new petition. They cannot rely solely on the fact that the child lived with them during the deployment as the basis for the modification. They must prove a material change in circumstances independent of the deployment, and that a change is in the child’s best interests.
Expedited Hearings for Deploying Parents
The military does not operate on the court’s schedule. Deployment orders can come with very little notice, leaving parents scrambling to resolve custody issues before they leave.
Recognizing this reality, Virginia law requires courts to expedite hearings in custody cases involving a deploying parent. If a service member needs a temporary order established or modified before they deploy, the court must prioritize their case on the docket to ensure the matter is resolved before their departure.
Protecting Your Rights as a Military Parent
Navigating child custody during a military deployment requires proactive planning and a thorough understanding of your legal rights.
- If you are deploying: Do not wait until the last minute to address custody. Work with an attorney to draft a temporary agreement with your co-parent or petition the court for a temporary order. Ensure your right to electronic communication and the delegation of your visitation rights are legally secured.
- If you are the non-deploying parent: Understand that the temporary arrangement is just that—temporary. You must comply with the court’s orders regarding electronic communication and delegated visitation.
Frequently Asked Questions About Military Deployment and Custody
Can my ex get permanent sole custody just because I am deployed?
No. Under the Virginia Military Parents Equal Protection Act, your absence due to military deployment cannot be the sole reason for a court to permanently modify a custody order and grant the other parent sole custody.
Can I give my visitation time to my parents while I am deployed?
Yes. Virginia law allows a deploying parent to petition the court to delegate their visitation rights to a family member, such as a grandparent or step-parent, provided the court finds it is in the best interests of the child.
What happens to child support while I am deployed?
Child support obligations do not pause during deployment. You are still legally required to pay court-ordered child support. However, if your income changes significantly due to deployment (e.g., receiving hazard pay or losing civilian income if you are a Reservist), you may be able to petition the court for a temporary modification of the child support amount.
Contact a Fairfax Military Divorce and Custody Attorney
The intersection of military service and family law is complex. You need an attorney who understands the unique challenges you face and the specific laws designed to protect you. At Raheen Family Law, we are proud to represent military families.
If you are facing deployment and need assistance with a child custody matter, contact us today. Let our experienced Fairfax child custody attorneys help you secure a temporary order that protects your relationship with your child. Call us at 703-223-5295.