Does Military Status Affect a Judge's Custody Decision?

• Military status should not affect the court's decision on custody. Although child custody is governed by state guidelines, most states currently operate under a best-interests-of-the-child presumption. Custody is based on several factors that influence what a judge deems the child's best interests to be, including the bond the child has with each parent, the wishes of the parents, in some cases the child's wishes, each party's mental and physical health, the child's school and stability in the child's life. Family law does not explicitly view military status as a determining factor in custody decisions, and most states explicitly consider military status irrelevant.
  
  

What Happens to Custody During Deployment?

• During deployment, custody can temporarily change if you have joint or sole custody. After you have filed a family care plan with your military branch and the Department of Defense, you must cement your children's guardianship and living arrangements in family court. If the other parent agrees with your choice of temporary caregiver, you can request a judge to issue temporary orders reflecting your family care plan. If the other parent contests the family care plan, a judge may need to make the final custody decision. Although different states' guidelines vary, the service person's family members can usually be granted visitation rights if those rights are spelled out in the temporary custody orders. After a service person leaves, the other parent can file for a permanent change of custody.
  
  

What Happens After Deployment Ends?

• After deployment ends and the service person comes home, child custody and visitation may or may not revert to pre-deployment status. Some states, such as California, operate on the assumption that temporary orders during deployment will revert back to the original custody orders once a service person returns. Other states do not have any presumptions and will make the custody decision based on the best interests of the child. The Washington Times reports that many returning service personnel face difficult battles to retrieve legal custody and visitation once their deployments end.
  
  

Does the Servicemembers Civil Relief Act Affect Child Custody Decisions?

• The Servicemembers Civil Relief Act provides provisions to assist service members with certain civil legal difficulties. (One measure of protection that this offers is the stay of legal proceedings. Any custody proceedings can be held over until the service person returns home. Although family law judges should hold off on any child custody hearings until deployment is over, many servicemembers do miss their custody proceedings.