{"id":1622,"date":"2026-07-29T13:27:19","date_gmt":"2026-07-29T13:27:19","guid":{"rendered":"https:\/\/www.patriotslaw.com\/family-law\/?p=1622"},"modified":"2026-07-29T13:27:21","modified_gmt":"2026-07-29T13:27:21","slug":"how-child-custody-works-when-one-parent-is-active-duty","status":"publish","type":"post","link":"https:\/\/www.patriotslaw.com\/family-law\/how-child-custody-works-when-one-parent-is-active-duty\/","title":{"rendered":"How Child Custody Works When One Parent Is Active Duty"},"content":{"rendered":"\n

When a couple with children separates or divorces, they must negotiate or litigate child custody to determine when each parent will get to have physical custody of their child or children. But when a military parent serves on active duty, how does the family\u2019s child custody arrangement<\/a> work? A parent on active duty in the military may face the possibility of relocation around the country or deployment overseas. But what happens to child custody when a parent on active duty receives relocation or deployment orders? <\/p>\n\n\n\n

How Deployment Affects Existing Custody Orders<\/h2>\n\n\n\n

A military parent\u2019s deployment does not automatically change the family\u2019s existing custody arrangement. Instead, either or both parents must file a motion with the state court that issues the current custody order to modify it. Couples can ask the court to grant a temporary modification of the custody order to cover an active-duty parent’s deployment, with the family returning to the existing custody arrangement once the active-duty parent returns from their deployment. <\/p>\n\n\n\n

Military families can also negotiate the inclusion of a “deployment clause” in their custody order, which reassigns parenting time to a non-military parent or another family member (such as a military parent’s parents) during the active duty parent’s deployment, reverting to the original custody arrangement after deployment ends. <\/p>\n\n\n\n

SCRA Protections in Custody Proceedings<\/h2>\n\n\n\n

Active duty parents who receive deployment orders enjoy certain legal protections under federal law for custody modification proceedings. Specifically, the Servicemembers\u2019 Civil Relief Act allows a military parent who cannot attend custody proceedings due to deployment to request a stay of the proceedings, ensuring that courts cannot enter orders against a military parent by default due to their non-appearance. A court must grant at least one 90-day stay, and has discretion to grant further stays as necessary.  <\/p>\n\n\n\n

Can a Judge Use Deployment as an Adverse Factor?<\/h2>\n\n\n\n

Most states have laws that preclude judges from considering a parent’s active-duty military status or deployment as an adverse factor when deciding a custody order or a motion to modify an existing order. Courts typically disfavor efforts to use a military parent’s deployment to gain an advantage in custody proceedings. Furthermore, when a parent files a motion to modify custody to accommodate an active duty parent’s deployment, courts typically favor temporary modifications that end once the parent returns from deployment. <\/p>\n\n\n\n

Crafting a Deployment-Ready Parenting Plan<\/h2>\n\n\n