Overview Of Parental Rights For Deploying Military Parents

Protecting the Parental Rights of Deploying Military Service Members: A Survey of Laws and Protections

Deploying military service members face unique challenges when it comes to child custody, but your rights as a parent don’t have to be compromised. Across the United States, many states have enacted laws designed to protect the custody rights of service members during deployments, ensuring that military obligations do not unfairly impact your relationship with your children.

In this blog, we’ll explore some of the laws that create special rights for military parents during deployment, with specific detail on how these protections work in Maryland, the District of Columbia, and Virginia. Our military-focused law firm has advanced knowledge of these laws and can help guide you through this process to protect your parental rights.

General Protections for Deploying Military Parents

Many states have recognized the unique challenges military families face during deployments and have enacted laws to address these issues. These protections often include:

• Preventing permanent modifications to custody agreements during deployment.
• Allowing temporary delegation of visitation rights to family members during deployment.
• Offering expedited hearings to accommodate the service member's schedule.
• Ensuring post-deployment custody reviews to restore pre-deployment custody arrangements where appropriate.

While the specifics vary by state, the goal is to ensure that military service does not unfairly disrupt a parent’s relationship with their child.

Military Parent Custody Protections in Virginia

Virginia provides strong protections for military parents under its Military Parent Equal Protection Act (Va. Code § 20-124.7 to § 20-124.10). These include:

• Temporary Custody Modifications: Any modifications to custody or visitation arrangements due to deployment are temporary. Once the service member returns, the original custody agreement resumes unless the court finds that a change is in the best interest of the child.
• Delegation of Visitation: A deploying parent may delegate their visitation rights to a family member during deployment, allowing the child to maintain contact with the parent’s side of the family.
• Expedited Hearings: Virginia courts are required to prioritize custody hearings involving deploying parents, ensuring that their case is handled in a timely manner before deployment begins.

These protections prevent military deployments from being used as a basis to permanently alter custody agreements, ensuring that service members can fulfill their duties without sacrificing their parental rights.

Military Parent Custody Protections in Maryland

Maryland law (Md. Family Law Code Ann. § 9-108) offers key protections for deploying military parents, focusing on preventing the unfair loss of custody due to service obligations:

• Temporary Modifications Only: Courts in Maryland may issue temporary custody modifications to accommodate a service member’s deployment, but they cannot make permanent changes based solely on deployment. Once the parent returns, the custody arrangement reverts to its original form unless a permanent change is in the child’s best interest.
• Protection from Permanent Changes: Maryland ensures that a service member’s deployment is not used against them as the sole reason for modifying custody or visitation orders. This prevents courts from making permanent decisions based solely on temporary military service.

Unlike some other states, Maryland does not have a statutory provision allowing for the delegation of visitation rights to another family member during deployment. However, its protections against permanent changes help ensure that military parents can return to their original custody arrangements after deployment.

Military Parent Custody Protections in the District of Columbia

In the District of Columbia, military parents are also protected by specific laws that account for the challenges of deployment. D.C. Code § 16-914.02 includes several key provisions:

• Delegation of Visitation Rights: D.C. law allows a deploying parent to temporarily delegate their visitation rights to a family member with a close and substantial relationship to the child during the deployment. This delegation is temporary and ensures that the child continues to have contact with the deploying parent’s side of the family​.
• Temporary Nature of Modifications: Like Virginia and Maryland, D.C. prohibits permanent modifications to custody arrangements during deployment. Any changes made to accommodate deployment revert once the service member returns unless the court finds otherwise.
• Post-Deployment Review: Upon returning from deployment, a military parent can request a review to reinstate the original custody arrangement or to make necessary adjustments, ensuring that deployment does not permanently affect their custody rights.

Why a Military-Focused Law Firm Matters

While these laws exist to protect military parents, successfully navigating them requires advanced legal knowledge and experience. At our military-focused law firm, we understand the challenges military families face and are well-versed in the laws designed to protect your parental rights. Our team, comprised of former military attorneys, can help you craft custody and visitation plans that accommodate the realities of deployment while preserving your bond with your child.

We know how to present your case in a way that highlights the stability, structure, and resources military life offers children—ensuring that deployment does not become a disadvantage in your custody case.

Call to Action

If you are a deploying service member facing child custody challenges, we are here to help. Our military-focused law firm has the experience and knowledge needed to protect your parental rights during and after deployment. Contact us today to set up a consultation for personalized advice.

Call us at 301-952-9000, or schedule an appointment using our online scheduling link (CLICK HERE) to get started.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please consult an attorney directly.