A top concern is if a parent will lose custody once they are deployed. Modification of custody or visitation cannot be justified solely due to the party’s absence, relocation, or failure to comply with their custody order due to military duty or deployment. 

 

However, a temporary modification may be necessary when military orders make it impossible for that military parent to exercise their custody schedule. Usually, when the military parent does deploy, the other parent does have sole custody, sole physical custody, during this time. 

 

When the military parent returns from their deployment, then there is a presumption that the old court order will then revert back from prior to the modification when that parent had to deploy. 

 

If you have any questions regarding military divorce or custody, please do not hesitate to shoot me an email.