Military Deployment CA
Temporary Custody Arrangements
Creating Legal Frameworks for Deployment Absences
California military parents facing deployment must establish temporary custody arrangements that protect their children’s stability while preserving their own parental rights. Family Code Section 3047 provides the legal framework for these temporary modifications, ensuring that deployment-related changes are explicitly temporary and automatically reversible upon the service member’s return.
Deployment creates immediate practical challenges for military families with children. When a service member receives orders for combat deployment, training exercises, or temporary duty assignments, existing custody schedules become impossible to maintain. The service member cannot exercise physical custody while stationed overseas or training in another state, yet their parental rights must be protected during this involuntary absence.
California law recognizes that deployment requires temporary adjustments to custody arrangements, but insists that these adjustments remain strictly temporary. Family Code Section 3047(b)(1) mandates that any custody modification necessitated by military duty “shall be deemed a temporary custody order made without prejudice, which shall be subject to review and reconsideration upon the return of the party from military deployment, mobilization, or temporary duty.”
This statutory framework creates a unique category of custody orders that are explicitly designed to be temporary from their inception. Unlike standard custody modifications, which are intended to be permanent unless later modified, deployment-related temporary orders carry an automatic expiration date tied to the service member’s return. This distinction protects both the child’s need for stability during deployment and the service member’s right to resume their parental role upon return.
Understanding how to structure these temporary arrangements, what provisions to include, and how to ensure proper implementation is essential for military parents preparing for deployment. Properly drafted temporary orders prevent disputes, protect parental rights, and ensure smooth transitions when the service member returns home. These arrangements are critical in any military divorce case involving deployment.
TEMPORARY ARRANGEMENT ESSENTIALS
Legal Basis:
California Family Code Section 3047(b)(1)
Order Type:
Temporary by definition and statute
Duration:
Deployment period only, with automatic review upon return
Presumption:
Reverts to pre-deployment order upon return
Key Features:
Without prejudice, reviewable, reversible
California Family Code 2025
The Legal Framework: Temporary Orders Under Section 3047
Family Code Section 3047(b)(1) establishes specific requirements for temporary custody orders entered during military deployment. These requirements distinguish deployment-related temporary orders from standard custody modifications and create automatic protections for service members.
The statute requires that any necessary modification due to deployment “shall be deemed a temporary custody order made without prejudice.” This language has three important legal effects. First, “temporary” establishes that the order expires upon the service member’s return. Second, “without prejudice” means the temporary order does not reflect negatively on the service member’s parenting abilities or create any presumption that the new arrangement is superior. Third, the statute mandates automatic review upon return, ensuring that the temporary nature of the order is actually implemented.
Statutory Requirements for Temporary Orders
- Temporary designation: Order must explicitly state it is temporary
- Without prejudice: No negative inference about service member’s parenting
- Automatic review: Court must reconsider upon service member’s return
- Reversion presumption: Returns to pre-deployment order unless contrary to child’s best interest
- Frequent contact provisions: Must maintain parent-child relationship during deployment
Standard Modifications vs. Deployment Temporary Orders
- Standard modifications: Intended to be permanent unless later changed
- Deployment orders: Temporary by definition with automatic expiration
- Standard modifications: Require changed circumstances to modify again
- Deployment orders: Automatic review and presumption of reversion
- Standard modifications: Burden on moving party to show change
- Deployment orders: Burden on non-deployed parent to show reversion is not in child’s best interest
Courts must include specific language in temporary orders to comply with Section 3047. The order should explicitly state: (1) that it is a temporary order made without prejudice; (2) that it is subject to review and reconsideration upon the service member’s return; (3) that there is a presumption that custody will revert to the pre-deployment order; and (4) that the non-deployed parent bears the burden of showing that reversion is not in the child’s best interest. This language ensures that all parties understand the temporary nature of the arrangement and the legal standards that will apply upon the service member’s return.
Initiating Temporary Custody Proceedings
Establishing temporary custody arrangements requires timely legal action. Service members should initiate proceedings as soon as they receive deployment orders to ensure that temporary orders are in place before departure. Delaying this process can create gaps in custody coverage and complicate the legal framework for the deployment period.
The process begins with filing a motion for temporary custody orders under Family Code Section 3047. This motion should include: (1) a copy of the deployment orders establishing the military necessity for the temporary modification; (2) a proposed temporary custody schedule that addresses the child’s care during the deployment; (3) provisions for virtual visitation and communication between the child and deployed parent; and (4) a request for the statutory language establishing the temporary nature of the order and the presumption of reversion.
| Proceeding Step | Action Required | Timeline Considerations |
|---|---|---|
| File Motion | Submit request for temporary orders under Section 3047 with deployment documentation | As soon as deployment orders are received; ideally 60-90 days before departure |
| Serve Other Parent | Provide notice and proposed temporary order to non-deployed parent | Minimum statutory notice period; earlier service allows for negotiation |
| Expedited Hearing | Request priority scheduling due to deployment timeline | Courts prioritize military cases; hearing typically within 30 days of filing |
| Negotiate Agreement | Attempt stipulation with other parent on temporary arrangement | Stipulated orders faster than litigated orders; preserves co-parenting relationship |
| Obtain Order | Secure court order with mandatory temporary language | Must be obtained before deployment to ensure proper coverage |
Family Code Section 3047(c) requires courts to expedite hearings when deployment will affect a party’s ability to appear. Upon motion by the service member, the court must either hold an expedited hearing before deployment or allow the service member to participate remotely via telephone, video conference, or other electronic means. This ensures that custody matters can be resolved before departure even when deployment timelines are compressed.
Service members should work with experienced military family law attorneys to ensure that temporary orders are properly drafted and that all statutory protections are included. Generic custody modification forms may not include the specific language required by Section 3047, potentially creating orders that are not explicitly temporary or that lack the presumption of reversion.
Drafting Effective Temporary Custody Orders
The effectiveness of temporary custody arrangements depends largely on the specificity of the court order. Well-drafted orders prevent disputes by establishing clear expectations for both parents and by including all necessary provisions for the deployment period.
Temporary custody orders should address: (1) physical custody during the deployment, specifying where the child will reside and who will have primary caregiving responsibility; (2) legal custody during the deployment, clarifying who can make decisions about the child’s education, healthcare, and welfare; (3) visitation provisions for the non-custodial parent if different from the deployed parent; (4) virtual visitation requirements to maintain the deployed parent’s relationship with the child; and (5) communication protocols between the deployed parent, the child, and the temporary custodian.
Essential Temporary Order Provisions
- Physical custody designation: Primary residence during deployment with specific custodian
- Legal custody allocation: Decision-making authority for education, medical, and welfare matters
- Virtual visitation schedule: Specific days, times, and technology platforms for video calls
- Phone and electronic contact: Unrestricted communication rights between deployed parent and child
- Make-up time provisions: Extended visitation during R&R periods or upon return
- Information sharing requirements: Regular updates on child’s activities, school, and medical matters
- Travel and transportation: Arrangements for child’s travel to visit deployed parent if applicable
- Third-party visitation: Rights for stepparents, grandparents, or other family members as appropriate
The order must explicitly state that it is temporary, made without prejudice, and subject to automatic review and reconsideration upon the service member’s return. It should specify that there is a presumption that custody will revert to the pre-deployment order unless the court determines that reversion is not in the child’s best interest. This mandatory language ensures that the temporary nature of the order is clear and enforceable.
Courts should also include provisions for how disputes will be handled during the deployment. The order might specify that disagreements about interpretation will be resolved through mediation or that emergency matters can be addressed by the court via telephonic or video appearance. These provisions prevent minor disputes from escalating into major conflicts during the deployment period.
Virtual Visitation: Maintaining Parent-Child Bonds
Virtual visitation is a critical component of temporary custody arrangements for deployed parents. Family Code Section 3047(b)(3)(A) requires courts to “consider any appropriate orders to ensure that the relocating party can maintain frequent and continuing contact with the child by means that are reasonably available.” This statutory mandate makes virtual visitation a required consideration in temporary custody orders.
Effective virtual visitation orders specify: (1) the frequency of contact (daily, weekly, or other schedule); (2) the duration of each contact session; (3) the technology platforms to be used (FaceTime, Zoom, Skype, etc.); (4) which parent will ensure the child is available; (5) who is responsible for technical setup and troubleshooting; and (6) provisions for make-up time if scheduled contact is missed due to military operations or technical failures.
Virtual Visitation Order Components
- Scheduling specifics: Days of week, times, time zones clearly specified
- Duration requirements: Minimum length of each video call session
- Technology platforms: Approved applications and backup options
- Preparation obligations: Ensuring child is available with charged device
- Privacy provisions: Uninterrupted, private communication environment
- Content requirements: Homework help, bedtime stories, daily updates
Enforcement Provisions
- Prohibition on interference: Other parent cannot block or limit contact
- Make-up time requirements: Missed calls must be rescheduled
- Penalty provisions: Contempt sanctions for willful interference
- Documentation requirements: Records of missed contacts for enforcement
- Third-party facilitation: Designated person to assist with technical issues
- Emergency contact rights: Ability to reach child outside scheduled times
Courts increasingly recognize that virtual visitation is not merely a substitute for physical presence but a meaningful form of parenting time that maintains the parent-child relationship. Orders should treat virtual visitation with the same seriousness as physical visitation, including enforcement mechanisms for interference and penalties for willful violations.
For service members deploying to combat zones or locations with limited internet access, orders should include alternative communication methods such as email, recorded video messages, or phone calls when video is impossible. The goal is to maintain the relationship through whatever means are reasonably available given the deployment circumstances.
Third-Party Visitation Rights for Family Members
Family Code Section 3047(b)(3)(B) allows courts to grant visitation rights to stepparents, grandparents, or other family members during a parent’s deployment. This provision recognizes that maintaining relationships with extended family can provide stability for the child and facilitate the deployed parent’s ongoing connection to the child’s life.
To grant third-party visitation under Section 3047, the court must find: (1) that there is a preexisting relationship between the family member and the child that has engendered a bond such that visitation is in the best interest of the child; (2) that the visitation will facilitate the child’s contact with the deployed parent; and (3) that the court has balanced the interest of the child in having visitation with the family member against the right of the parents to exercise parental authority.
Third-Party Visitation Considerations
- Preexisting relationship requirement: Bond must exist before deployment
- Facilitation of deployed parent’s contact: Visitation must help maintain parent-child relationship
- Parental authority balance: Court must weigh child’s interest against parental rights
- No independent standing: Family members cannot seek visitation on their own
- No support impact: Third-party visitation does not affect child support calculations
- Temporary duration: Rights expire when deployment ends and custody reverts
This provision is particularly valuable for military families where a stepparent has played a significant parenting role or where grandparents have strong bonds with the child. The deployed parent can request that the court grant visitation to these family members, ensuring that the child’s support network remains intact during the deployment.
Importantly, Section 3047(b)(3)(D) explicitly states that granting visitation rights to a nonparent “shall not impact the calculation of child support.” This ensures that third-party visitation does not trigger additional support obligations or affect the financial arrangements between the parents.
Coordinating with Family Care Plans
Military regulations require service members with children to maintain Family Care Plans that address dependent care during deployment. These administrative military documents must coordinate with California custody orders to ensure consistency between military requirements and court-ordered custody arrangements.
The Family Care Plan identifies short-term and long-term caretakers who assume physical custody during the service member’s absence. California courts increasingly require that these designated caretakers be informed of temporary custody orders and obligated to facilitate the court-ordered arrangements. This prevents situations where military designees inadvertently or deliberately violate court orders.
FCP Coordination Requirements
- Designated caretakers must be provided with temporary custody order copies
- Caregivers must ensure child availability for virtual visitation
- Technical support responsibilities assigned to specific individuals
- Alternative contact methods established for operational security periods
- Emergency communication protocols for urgent family matters
- Transition procedures when custody reverts upon return
Common Coordination Issues
- Caregivers unaware of court-ordered virtual visitation schedules
- Technical limitations at caregiver residences preventing video calls
- Caregiver interference based on personal opinions about deployed parent
- Schedule conflicts between caregiver activities and ordered contact times
- Time zone confusion when caregivers live in different states
- Failure to facilitate make-up contact during R&R periods
Effective coordination requires that Family Care Plans specifically address temporary custody obligations. The plan should identify which caregiver will ensure technical availability for virtual visitation, how schedule changes will be communicated across time zones, and what backup methods exist when primary communication channels fail. Military legal assistance offices can review Family Care Plans to ensure they align with custody order requirements.
California custody orders can include provisions requiring the service member to provide Family Care Plan documentation to the court and the other parent, ensuring that all caregivers understand their obligations regarding temporary custody. Orders may also specify that caregivers who interfere with court-ordered contact can be removed from Family Care Plans by court order.
Modifying Temporary Orders During Deployment
Circumstances may change during deployment, requiring modifications to temporary custody orders. Family Code Section 3047 allows for modification of temporary orders if circumstances warrant, but maintains the temporary nature of any such modifications.
Either parent can request modification of temporary orders during deployment if significant changes occur. Common reasons for modification include: (1) changes in the child’s needs or circumstances; (2) problems with the temporary custodian; (3) changes in the deployed parent’s availability due to operational shifts; (4) emergencies affecting the child; or (5) violations of the existing temporary order by either parent.
Grounds for Modifying Temporary Orders
- Child’s best interest requires change: Medical, educational, or emotional needs not being met
- Temporary custodian unfit: Evidence of neglect, abuse, or inability to care for child
- Deployed parent’s availability changes: Shift from combat zone to rear area with better communication
- Emergency circumstances: Medical emergencies, natural disasters, family crises
- Order violations: Pattern of interference with virtual visitation or communication
- Child’s preference: Older child expresses clear desire for different arrangement
Courts retain jurisdiction to modify temporary orders during deployment, and the deployed parent can participate remotely via electronic means under Section 3047(c). The temporary nature of the original order does not prevent modification; it simply means that any modified order remains temporary and subject to review upon the service member’s return.
Service members should document any problems with temporary arrangements and communicate concerns to their attorneys promptly. While courts are reluctant to disrupt stable temporary arrangements without good cause, evidence of significant problems can support modification requests that better serve the child’s best interests during the remaining deployment period.
Preparing for Return: The Reversion Process
As deployment nears its end, both parents should prepare for the reversion process mandated by Family Code Section 3047(b)(2). This process ensures that temporary custody arrangements transition smoothly back to the pre-deployment order unless the court determines that reversion is not in the child’s best interest.
The reversion process begins when the service member provides documentation of their return date to the other parent and the court. Upon return, the service member can file a motion to terminate the temporary order and restore the pre-deployment custody arrangement. The court must then review the temporary order and determine whether to revert to the original arrangement.
Reversion Process Steps
- Return documentation: Service member provides orders showing end of deployment
- Notification: Written notice to other parent of intent to restore pre-deployment order
- Motion filing: Request for court to review temporary order and restore original arrangement
- Expedited hearing: Priority scheduling for reversion review
- Presumption application: Court applies statutory presumption favoring reversion
- Best interest determination: Burden on other parent to show reversion is not in child’s best interest
Preparing for Successful Reversion
- Maintain communication during deployment: Document regular virtual visitation and contact
- Stable housing arrangements: Ensure suitable residence for child’s return
- Employment or military assignment: Confirm stable income and schedule for parenting
- Reintegration planning: Prepare child for transition back to pre-deployment routine
- Documentation of temporary order compliance: Show adherence to all court-ordered provisions
- Address any concerns proactively: Resolve issues that other parent might raise against reversion
The presumption of reversion places a significant burden on the non-deployed parent. To overcome the presumption, they must make a prima facie showing that reverting to the pre-deployment order is not in the child’s best interest. This requires presenting evidence of significant changes that occurred during deployment that justify maintaining the temporary arrangement. Mere passage of time or the child’s adjustment to the temporary custodian is generally insufficient.
Courts may order gradual transition schedules rather than immediate full reversion if the deployment was lengthy or if the child is very young. These transitional orders should include clear timelines with specific milestones and definitive endpoints when the pre-deployment custody arrangement is fully restored.
Best Practices for Military Parents
Successfully navigating temporary custody arrangements requires proactive planning and consistent execution. Military parents who follow established best practices maximize their chances of smooth deployments and successful returns.
Before deployment, service members should: (1) consult with a military family law attorney as soon as deployment orders are received; (2) initiate temporary custody proceedings immediately to ensure orders are in place before departure; (3) negotiate reasonable temporary arrangements with the other parent when possible; (4) ensure that temporary orders include all required statutory protections; (5) coordinate Family Care Plans with custody order requirements; and (6) document the child’s status and their relationship before deployment.
Deployment-Period Best Practices
- Maintain regular virtual visitation: Consistent schedule demonstrates ongoing commitment
- Document all communication: Records of contact attempts and actual contact
- Stay informed about child’s life: School progress, medical issues, activities, milestones
- Participate in decisions when possible: Exercise legal custody rights via electronic communication
- Send care packages and letters: Physical reminders of parent’s love and attention
- Plan for R&R contact: Maximize in-person time during leave periods
- Address problems promptly: Notify attorney of custody order violations immediately
- Prepare for return: Begin reintegration planning before deployment ends
During deployment, consistent engagement with the child through all available means demonstrates that the service member remains committed to their parental role despite physical absence. This ongoing involvement supports the presumption of reversion and counters any argument that the temporary arrangement should become permanent.
Upon return, service members should act promptly to invoke the reversion process, maintain documentation of their return and readiness to resume parenting, and work cooperatively with the other parent to transition the child back to the pre-deployment routine. Gradual transitions may be appropriate for the child’s benefit, but the ultimate goal of full reversion should remain clear.
Frequently Asked Questions
Do I need a temporary custody order if I already have a Family Care Plan?
Yes. A Family Care Plan is a military administrative document that does not replace a court order. Only a judge can legally modify custody arrangements. The Family Care Plan helps you comply with military regulations, but you still need a court order under Section 3047 to legally establish temporary custody during deployment. The court order provides enforceable rights and protections that the Family Care Plan cannot provide.
Can the other parent refuse to agree to a temporary custody arrangement?
The other parent cannot prevent the court from entering a temporary order if deployment necessitates it. While agreement is preferable, Section 3047 allows courts to enter temporary orders over the other parent’s objection when military duty requires it. The court will consider the child’s best interests in structuring the temporary arrangement, but the deployment itself justifies the temporary modification. If the other parent refuses to cooperate, you should request an expedited hearing and let the court establish the temporary order.
What if my deployment gets extended beyond the expected return date?
Temporary orders remain in effect during the entire deployment period, including extensions. You should notify the court and the other parent of the extension as soon as possible and request that the temporary order be extended accordingly. The temporary nature of the order continues regardless of deployment length, and the presumption of reversion applies whenever you eventually return. Document the extension orders to support any necessary modifications to the temporary arrangement.
Can temporary orders include provisions for my new spouse to have visitation?
Yes. Section 3047(b)(3)(B) specifically allows courts to grant visitation rights to stepparents during deployment if there is a preexisting bond with the child and the visitation facilitates your contact with the child. You must request this specifically in your motion, and the court must find that the visitation serves the child’s best interests. This provision helps maintain stability for children who have strong relationships with stepparents.
What happens if the other parent violates the temporary custody order during my deployment?
Violations of temporary custody orders are enforceable just like violations of permanent orders. You can seek contempt proceedings, request make-up time for missed virtual visitation, and ask the court to modify the temporary order to address the violations. Document all violations carefully and communicate with your attorney about enforcement options. The court can impose sanctions on the other parent for willful interference with your custody rights, even during deployment.
How soon after my return can I get my custody back?
You can file a motion to restore your custody rights immediately upon return. The court must review the temporary order and apply the presumption of reversion. While the process may take 30-60 days depending on court scheduling, the law is on your side. The other parent must prove that reversion is not in the child’s best interest, which is a difficult burden. In many cases, you can resume physical custody under the pre-deployment order as soon as you return, with the court formalizing the arrangement shortly thereafter.
Temporary Arrangements, Permanent Protections
California’s framework for temporary custody arrangements during military deployment balances the practical needs of military families with strong protections for service members’ parental rights. The temporary nature of these orders, mandated by statute, ensures that deployment does not result in permanent custody loss while providing children with stable care arrangements during their parent’s absence.
The key to successful temporary custody arrangements lies in understanding the statutory framework, acting promptly to establish proper orders, maintaining consistent parent-child contact during deployment, and invoking the presumption of reversion upon return. With proper legal guidance and proactive planning, military parents can serve their country while maintaining their vital role in their children’s lives.
Family Code Section 3047 recognizes that military service creates temporary disruptions, not permanent family changes. By ensuring that temporary orders are truly temporary and that service members can reclaim their parental roles upon return, California law honors both the service member’s sacrifice and the child’s need for ongoing relationships with both parents.
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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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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