- 01-Aug-2025
- Marriage and Divorce Laws
Custody agreements are designed to ensure that both parents are actively involved in the care and upbringing of their child, but the unique circumstances of military service, including deployment, relocation, and temporary postings, can complicate the enforcement and stability of these agreements. When one parent is in the military, their frequent changes in location or extended time away from home may affect the original custody arrangement, raising questions about the enforceability of the agreement.
In general, custody agreements can be enforced during military postings, but there are specific factors that may influence how these arrangements are applied, adjusted, or modified. Courts will typically prioritize the best interests of the child, and in military cases, this may mean creating flexible arrangements or considering specific military challenges that could make it difficult for one parent to adhere to a standard custody schedule.
Custody agreements are enforceable in military postings, but the jurisdictional issue can become complicated. If the military parent is posted in a different state or even in another country, the court’s jurisdiction over custody may be in question. Different states or countries have different family laws, and this can complicate the enforcement process if parents move across borders.
Example: If a parent stationed in the U.S. military is deployed to a foreign country, the local courts may not have jurisdiction over the custody order issued in the parent’s home state, and the custody arrangement may need to be revisited.
When one parent is deployed or relocated due to military service, it can create a temporary disruption in the custody arrangement. The non-military parent may need to adjust visitation schedules or custody terms to reflect the military parent’s absence. Courts typically allow for temporary modifications during deployments or relocations, but the agreement will often be structured to protect the child’s relationship with both parents.
Example: If a parent is deployed for 6 months, the court may modify the custody agreement temporarily to allow the child to live with the other parent or have more flexible visitation schedules. Once the deployed parent returns, the agreement would likely be reassessed.
The Servicemembers Civil Relief Act (SCRA) provides military parents with certain legal protections, including the right to postpone or delay legal proceedings, including custody cases, while they are deployed or on active duty. This may prevent the military parent from being forced into custody hearings during their absence and may delay the enforcement of custody orders until the parent is available.
Example: If a military parent is facing a custody battle while deployed, the SCRA may grant a stay on the legal proceedings, allowing the parent to defer legal obligations until their return.
If a military parent is unable to see their child due to deployment, the court may modify the visitation schedule to ensure that the child’s relationship with both parents is maintained. These changes can be temporary and based on the military parent’s availability. Often, this could include video calls, extended weekend visits, or rescheduled holidays.
Example: A military parent deployed overseas may not be able to see their child during regular weekends or school breaks. The court could adjust the schedule to allow for longer visits after deployment or facilitate communication through digital means (like video chats).
In cases where the military parent is deployed unexpectedly or the custodial arrangement becomes temporarily unworkable due to military service, a temporary emergency custody order may be issued. This would allow the non-military parent to assume the primary role of caregiver until the military parent returns.
Example: If a father is suddenly deployed and can’t communicate with his child, the mother might seek temporary sole custody for the duration of his deployment. This arrangement may be reassessed when he returns.
The best interests of the child remain the top priority for courts when enforcing or modifying custody agreements. In cases involving military postings, courts are likely to be flexible with arrangements if the changes serve the child’s emotional well-being and stability. In some cases, this might mean altering the schedule to ensure that both parents remain involved despite the parent’s military commitments.
Example: If a military parent is stationed far away, the court may make modifications that allow for more extended holiday visits or communication until the parent is able to resume regular visitation.
If the military parent’s postings will be long-term or if they expect to be away for extended periods, the custody arrangement may need to be permanently modified to accommodate the child’s needs. This could mean a more stable living situation with the non-military parent, depending on the child’s age and the nature of the military parent’s deployment.
Example: A military parent who is likely to be stationed overseas for an extended period may agree to a permanent modification that grants the non-military parent primary custody until the military parent can return and resume normal visitation.
Military families are encouraged to create Family Care Plans to address the needs of their children in the event of a deployment or relocation. The military parent may be required to provide documentation of their Family Care Plan to the court if custody arrangements are being modified. This ensures that the child’s care is planned for in the parent’s absence and provides a framework for adjusting the custody agreement.
Example: If a military parent is being deployed, they may present a Family Care Plan to the court that outlines how the child will be cared for during their absence, including arrangements for the child to stay with the other parent or a guardian.
Sarah is stationed in Germany with the U.S. Army, and she shares joint custody of her 7-year-old son, Jack, with her ex-husband, Mike, who lives in the U.S. Sarah’s deployment to Germany is expected to last 18 months. During her absence, the existing custody arrangement requires Mike to have Jack with him during most holidays and school breaks.
The court may issue a temporary custody order, allowing Mike to have primary custody of Jack for the duration of Sarah’s deployment.
The court might allow Sarah and Mike to arrange for regular video calls or phone communication between Sarah and Jack to maintain their relationship.
Once Sarah returns, the court will review the custody arrangement and make adjustments as necessary to ensure Jack’s well-being and stability.
Sarah may be required to submit a Family Care Plan to the court outlining how Jack’s care will be managed during her absence, including possible support from other family members or guardians.
Yes, custody agreements can be enforced during military postings, but the unique circumstances of military service—such as deployment, relocation, and international assignments—may require temporary modifications to ensure the child’s stability and well-being. Courts are generally flexible in adjusting arrangements to accommodate the challenges of military service, while still prioritizing the best interests of the child. Legal protections like the Servicemembers Civil Relief Act (SCRA) also provide military parents with certain rights to postpone or modify custody proceedings during deployments. Ultimately, courts will aim to balance the needs of the military parent, the non-military parent, and the child, ensuring that any modifications serve the child’s emotional and physical needs.
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