Knowledge + Passion + Innovation

Military Deployment and Child Custody

Learning Center

Smiling woman in a navy blazer with long brown hair, confident and professional studio portrait.

WRITTEN BY:

Emily E. McLaughlin

July 22, 2013 | Child Custody, Family Law, Law for Veterans

Emotional soldier saying farewell to his daughter

Business meeting with two professionals shaking hands at a table with documents and laptops.

Get Help Now

Experience the Difference with Our Legal Team

Schedule Your Call

Table of Contents

Military deployment and/or relocation causes unique concerns over custody/visitation. Family care plans are required by the military, but they are not binding under Virginia law as to what will/can happen. You should incorporate your wishes in an order if possible. For deployments, if the change of circumstance is not in an order, Virginia does have a statute that governs how temporary shifting of custody works in these military situations, the Virginia Military Parents Equal Protection Act – http://goo.gl/mkVi3

§ 20-124.9. When no order is in place; expedited hearing; conduct of hearing.

A. If no court order exists as to the custody, visitation, or support of a child of a deploying parent or guardian, any petition filed to establish custody, visitation, or support for a child of a deploying parent or guardian shall be so identified at the time of filing by the deploying parent or guardian to ensure that the deploying parent or guardian has access to the child, and that reasonable support and other orders are in place for the protection of the parent-child or guardian-child relationship, consistent with the other provisions of this chapter. Such petition shall be expedited on the court’s docket in accordance with § 20-108.

B. In any proceeding under this chapter where a deploying parent or guardian is reasonably unable to appear as a result of his deployment, the court, upon motion of the deploying parent or guardian and for good cause shown, may conduct any hearing using a telephonic communication system or an electronic audio and video communication system to provide for the appearance of any parties and witnesses.

We Are Here To Help

Divorce is deeply personal and emotionally challenging—but you don’t have to navigate them on your own. If you’re facing divorce, custody questions, or other family law concerns, our compassionate and experienced attorneys are here to support you. Contact us today to talk through your situation and explore your options. We’re ready to help you move forward with confidence.

Written By Emily E. McLaughlin

Emily began her legal career as a prosecutor for Prince William County focusing on narcotics offenses and violent crime as part of the Narcotics Task Force and Northern Virginia Regional Gang Task Force. While there, she handled hundreds of complex cases including many jury trials. In the course of her work on Operation Worthy Cause, she was a part of the team awarded the Public Safety Government Partner of the Year Award from the Montgomery County Chamber of Commerce.