California Family Code 3047
6 Ways Deployment Affects Child Custody Orders in California
How Military Service Protects Your Parental Rights During Absence
Deployment Should Never Cost You Custody
Military parents face a unique fear: that serving their country will impact them their children. California law rejects this outcome explicitly. Family Code 3047 creates a comprehensive shield for deployed parents, ensuring that absence due to military duty cannot be weaponized in custody proceedings.
Whether you are shipping out from El Segundo or deploying from Marysville, the protections remain the same. California courts must treat your service as a valid reason for temporary absence, not as evidence of parental unfitness or abandonment. Understanding these six protections helps you maintain your relationship with your child while fulfilling your military obligations.
Sole Absence Cannot Justify Modification
Under FC 3047(a), a parents absence, relocation, or failure to comply with custody orders due to activation, temporary duty, mobilization, or deployment out of state is not, by itself, sufficient to justify a modification. The other parent must prove additional factors affecting the childs best interest.
Temporary Orders Revert Automatically
Any custody modification made to accommodate deployment is deemed a temporary order without prejudice. When the service member returns, the original custody order reinstates automatically unless the court determines that reverting would harm the childs best interest. This presumption protects the returning parent from starting over.
Virtual Visitation Must Be Accommodated
Courts must ensure deployed parents maintain frequent and continuing contact with their children. Orders should include video calls, phone calls, and electronic communication. When the deployed parent is on leave, in person visitation should be arranged if logistically possible.
Family Members Can Receive Visitation Rights
Upon request by the deployed parent, courts may grant reasonable visitation to grandparents, stepparents, or other relatives who have a preexisting bond with the child. This maintains the childs connection to the service members family and provides stability during the parents absence.
Expedited Hearings or Remote Participation
If deployment prevents a parent from attending a scheduled hearing, the court must either expedite the hearing before departure or allow participation by telephone, video conference, or other electronic means. This ensures military parents can present evidence and testify without choosing between duty and parental rights.
SCRA Provides Additional Federal Protection
The Servicemembers Civil Relief Act complements FC 3047 by allowing a 90 day stay of proceedings when military duties materially affect a service members ability to participate. This federal protection works alongside state law to ensure no parent loses custody because they are serving their country.
Protect Your Custody Rights During Deployment
California law stands firmly on the side of military parents. Make sure your attorney knows these protections.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
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