Custody Orders With Deployed Spouse
Your child’s school just called: the other parent filed an emergency custody motion claiming you kidnapped the kids during a weekend visit. The twist, they are 7,000 miles away on a carrier in the Persian Gulf and can’t appear for two months.
California courts will not wait for deployment to end, so you need an immediate counter strategy that protects your parenting time and honors the service member’s rights under the Servicemembers Civil Relief Act. Speed is everything, because emergency orders can issue in 24 hours and last until trial, which could be a year away.
When California Courts Call An Emergency Real
- Allegations of physical abuse or neglect requiring immediate intervention
- Risk of removal from the state before the deployed parent returns
- Medical decisions that can’t wait for normal briefing schedules
- School district changes that affect special education services
- Substance abuse incidents documented by police or CPS
Judges hate rubber stamping ex parte requests when the other parent is overseas defending the country, so your paperwork must be bulletproof. We start with a sworn declaration that includes the deployment orders, the current parenting plan, and a timeline showing the emergency arose after departure. That last point is critical; courts will deny relief if the issue existed before deployment and the moving parent simply waited.
SCRA Protections You Must Navigate, Not Ignore
The SCRA allows a deployed service member to request a 90 day stay of proceedings, but the stay is discretionary in custody matters. We counter by showing the court that delay would harm the children under Family Code 3047, usually with evidence of educational or medical instability.
We also offer alternative due process: secure video testimony, telephonic oral argument, or written responses routed through the command legal officer. Judges appreciate creativity that respects both the child’s best interest and the service member’s duty.
Last month we obtained an emergency order granting our client sole legal custody for six months so a special needs child could start an intensive therapy program. The father, deployed to Korea, testified by Zoom at 0500 his time and later told us the process felt fair despite the short fuse. The key was giving the court a concrete return date and a plan to revisit custody the moment he flew back.
Evidence You Need In 48 Hours
Gather sworn statements from teachers, doctors, or child care providers who can attest to the urgent circumstances. Print text messages or emails that show the deployed parent cannot participate in decisions right now. And pull the child’s attendance or medical records to quantify any harm from waiting. Courts want data, not drama, so we convert every allegation into a verifiable fact.
Remember, the goal is temporary relief, not a permanent ambush. We always build in an automatic review hearing 30 days after the service member returns so the order does not become a fait accompli. That small clause convinces many judges to sign because they know the deployed parent will have a meaningful day in court soon.
If you feel an emergency motion heading your way, call us immediately. We have drafted same day ex parte applications from our Santa Monica office and coordinated video testimony from five continents. Your children’s stability can’t wait for the ship to come home, and neither should you.
