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Military Custody Battles: What if a Parent Is Deployed?

Deployment & Child Custody –

“Will Deployment Cost Me Custody of My Kids?”

This fear keeps many service members awake at night. The truth? Deployment alone can’t strip your parental rights – but you need to handle it correctly. Here’s what every military parent must know:

1. The Military Parents Protection Act (MPPA)
Your key safeguards:
✔ Courts can’t permanently modify custody just because of deployment
✔ Must revert to original orders within 90 days of return
✔ Requires temporary parenting plan during deployment

2. Creating a Deployment Parenting Plan
Your plan should address:
– Virtual Visitation (Zoom/phone call schedule)
– Caregiver Designation (who covers your parenting time)
– Decision-Making Authority (medical/school decisions)
– Reintegration Plan (transitioning back post-deployment)

3. Common Deployment Mistakes to Avoid
❌ Not formalizing temporary arrangements (verbal agreements aren’t enough)
❌ Failing to document communication attempts
❌ Assuming the other parent will be reasonable

4. When the Other Parent Deploys
Your rights:
– You may get temporary full custody
– Can request proof of active deployment
– Should still facilitate virtual visitation

5. Special Considerations for:
– Combat Deployments (limited communication)
– Frequent TDY Assignments
– Guard/Reserve Parents (different rules may apply)

6. Coming Home? Here’s What to Expect
– File to reinstate your custody order immediately
– Courts typically favor returning to pre-deployment arrangement
– Be prepared for transition period (kids may need time to readjust)

Deployment Doesn’t Mean Losing Your Kids
We help military parents protect their rights before, during, and after deployment.