Going away for army service is a big deal. If you have kids, you worry about who takes care of them. This guide helps you understand what happens with child custody when you are deployed.
What Happens to Custody When a Parent is Deployed?
Courts and Service Members:
Courts try hard to protect parents in the military. They know you are serving the country. Laws exist to make sure you are treated fairly while you are away on active duty.
The Child’s Needs First:
Even though courts respect soldiers, the child’s safety comes first. If you get deployed, you cannot take your child with you. Someone must care for your child while you are gone.
Key Things Courts Look At:
- Safety: Is the child safe and well cared for?
- Stability: Does the child have a steady home life?
- Parent Availability: Who can actually be there for the child day-to-day?
Possible Outcomes:
- Temporary Change: Custody might change just while you are deployed.
- Family Care Plan: Your military family care plan might be used.
- No Change (Short Term): For very short trips, custody might stay the same.
Example Scenario: Sarah is a single mom in the Army Reserves. She has custody of her son, Leo. When Sarah gets orders for a 9-month deployment, she worries about Leo. The court looks at what is best for Leo while she is away.
Does Deployment Mean Losing Custody Forever?
Temporary vs. Permanent:
Losing custody during deployment is usually not forever. Courts understand you are serving your country. The goal is to find the best temporary solution for your child.
Focus on the Child:
The main question is: What is best for the child right now? If the other parent lives nearby and can care for the child, the court might give them temporary custody. It’s not about fairness to the parents, but what helps the child most.
Factors Considered for Temporary Custody:
- Other Parent’s Ability: Can the other parent provide good care?
- Child’s Routine: Can the child stay in the same school and activities?
- Length of Deployment: How long will the service member be gone?
Protecting Your Rights:
- Legal Help: Talk to a lawyer who knows military family law.
- Family Care Plan: Have a clear plan showing who you want to care for your child.
- Communication: Keep lines open with the other parent if possible.
Example Scenario: Mark is deployed for a year. His ex-wife, Lisa, lives close by and their daughter is comfortable with her. The court grants Lisa temporary custody, making it clear Mark can seek to get custody back when he returns.
What Role Does the “Best Interest of the Child” Play?
The Main Rule:
In Michigan, like everywhere else, decisions about children must be in their “best interest.” This means what is best for the child’s happiness, safety, and well-being. This is the most important factor for the judge.
Presence Matters:
A child needs someone present to care for them. An absent parent, even for a good reason like deployment, cannot provide daily care. The court will favor a parent who is ready, willing, and able to be there.
What “Best Interest” Includes:
- Love and Affection: The bond between the child and parents.
- Basic Needs: Providing food, shelter, clothing, and medical care.
- Continuity: Keeping the child’s life as stable as possible.
How Deployment Affects Best Interest:
- Parental Absence: Deployment means the service member cannot be physically present.
- Stability Concern: Long or uncertain deployments can disrupt a child’s stable life.
- Alternative Care: The court looks for the best available person to care for the child.
Example Scenario: A judge reviews a case where the deployed parent wants a grandparent to have custody. The judge weighs if that is better for the child than living with the other parent who is local and involved. The decision focuses purely on the child’s needs, as explained in Michigan’s view on the Best Interests of the Child.
Can My Ex Use My Deployment Against Me?
Protection Laws:
Laws like the Servicemembers Civil Relief Act (SCRA) offer some protection. They can prevent legal actions, like custody cases, from moving forward unfairly while you are deployed and cannot respond.
Focus Remains on Child:
While laws protect service members, the court must still act in the child’s best interest. Deployment is a reality that affects the child’s care, and the court must address it, even if it means a temporary change.
How SCRA Might Help:
- Postponing Hearings: You might be able to delay court dates if deployment stops you from attending.
- Stopping Default Judgments: Prevents orders being made just because you could not respond.
- Appointing Counsel: A lawyer might be appointed if needed.
Limitations of Protection:
- Child’s Needs Prevail: SCRA does not override the need to ensure the child is cared for.
- Temporary Orders Likely: Courts can still make temporary custody orders during deployment.
- State Laws Matter: Michigan also has specific laws regarding military child custody.
Example Scenario: David’s ex tries to get permanent custody right after he deploys. David’s lawyer uses the SCRA to ask the court to wait or make only temporary orders until David can participate fully. The court agrees to make only temporary changes based on the child’s immediate needs.
What If the Deployment is Short?
Short vs. Long Term:
Courts handle short deployments differently than long ones. A deployment of a few weeks is less likely to cause a major custody change. Constant back-and-forth can be bad for a child.
Stability is Key:
Judges want stability for children. Changing custody for just three weeks and then changing it back creates confusion. The court likely will not disrupt the child’s life for a very short absence.
Factors in Short Deployments:
- Duration: How many weeks or months is the service member gone?
- Existing Care Plan: Is there already a good plan for short absences?
- Child’s Age: Younger children might need more consistency.
Possible Arrangements for Short Trips:
- Other Parent Helps: The other parent might take the child temporarily.
- Family Member Steps In: A trusted relative might provide care per your plan.
- No Court Order Needed: Parents might agree informally without court involvement.
Example Scenario: Captain Miller is deployed for a 4-week training exercise. She arranges for her parents to stay at her house and care for her children. Her ex-husband agrees this plan works, and no court action is needed because the trip is short and a good plan is in place.
What About Long or Open-Ended Deployments?
Greater Impact:
Long deployments, or ones without a clear end date, raise more concerns for the court. The child needs a stable, predictable environment. A long absence makes this harder.
Need for Stability:
Courts feel a child cannot be raised by a nanny or temporary caregivers long-term if a fit parent is available. In these cases, a judge might lean towards giving the other parent temporary custody for stability.
Court Considerations for Long Deployments:
- Child’s Need for Routine: Kids thrive on knowing what to expect.
- Parental Involvement: The court prefers a parent actively raising the child.
- Minimizing Disruption: Finding the most stable option available.
Potential Court Actions:
- Temporary Custody Order: Giving the other parent custody until you return.
- Clear Return Plan: The order should state how custody will be reviewed upon return.
- Visitation Rights: Ensuring you can contact your child while deployed. Learn more about Military Visitation Rights.
Example Scenario: Sergeant Davis receives orders for an 18-month deployment with a possible extension. The child’s other parent files for temporary custody. The court grants it, stating it is best for the child’s stability during the long, uncertain absence.
Can I Choose Who Cares for My Child While Deployed?
Your Family Care Plan:
The military requires service members to have a Family Care Plan. This document outlines who you want to care for your child if you are deployed. You can name a relative or friend.
Court’s Decision is Final:
While your plan shows your wishes, a judge makes the final custody decision. The judge must follow the “”best interest of the child”” standard. They will consider your choice but are not required to follow it if they believe the other parent is a better option.
Elements of a Strong Family Care Plan:
- Designated Caregiver: Clearly name the person(s) you choose.
- Contact Information: Provide full contact details for the caregiver.
- Financial Arrangements: Explain how the child’s needs will be paid for.
Why a Court Might Override Your Plan:
- Other Parent’s Rights: The other legal parent generally has priority over relatives.
- Caregiver Suitability: The court might assess if your chosen person is truly suitable.
- Child’s Best Interests: If living with the other parent offers more stability (e.g., same school).
Example Scenario: Maria, deploying soon, names her sister in her Family Care Plan. The child’s father objects, stating he is willing and able to care for the child. The Michigan court reviews both options and decides living with the father is in the child’s best interest for stability, even though Maria preferred her sister.
How Does Michigan Law Specifically Address Military Custody?
State Laws Matter:
While federal laws like SCRA exist, state laws govern custody details. Michigan has specific statutes that address how deployment affects custody and parenting time. It aims to protect service members’ rights upon return.
Temporary Orders:
Michigan law often favors making custody changes due to deployment temporary. The goal is usually to return the child to the pre-deployment arrangement once the service member is back, if it’s still in the child’s best interest.
Key Michigan Provisions (General Idea):
- Notice Requirements: Rules about notifying the court and other parent about deployment.
- Temporary Nature of Orders: Orders made due to deployment are often explicitly temporary.
- Expedited Hearings Upon Return: Procedures to quickly review custody when you get back.
What to Expect in Michigan Courts:
- Focus on Best Interests: This standard always applies.
- Consideration of Deployment Length: Short vs. long deployment matters.
- Respect for Parental Rights: Balancing the rights of both the deployed and non-deployed parent. See how changes to child custody orders are handled.
Example Scenario: A Michigan judge issues a temporary custody order giving the father custody while the mother is deployed. The order specifically states it is temporary due to military service and that the mother can request a hearing to restore the prior custody arrangement soon after her return.
What Steps Should I Take Before Deployment?
Be Proactive:
Do not wait until the last minute. As soon as you know about a possible deployment, start planning. Good preparation can make the process smoother for everyone, especially your child.
Communicate and Document:
Talk to the other parent, if possible, about arrangements. Update your Family Care Plan. Consult with a family law attorney experienced in military cases to understand your rights and options in Michigan.
Pre-Deployment Checklist:
- Update Family Care Plan: Ensure it’s current and detailed.
- Consult an Attorney: Get legal advice specific to your situation.
- Talk to the Other Parent: Try to reach an agreement if feasible.
Important Documents:
- Deployment Orders: Have copies readily available.
- Current Custody Order: Understand your existing arrangement.
- Power of Attorney (Limited): Consider giving temporary powers for school or medical needs.
Example Scenario: Lieutenant Evans learns she might deploy in six months. She immediately meets with a lawyer at Goldman and Associates, updates her Family Care Plan naming her brother, and starts discussing temporary care options with her ex-husband to try and agree before court involvement is needed.
How Do I Get Custody Back After Deployment?
Returning Home:
When your deployment ends, you usually have the right to ask the court to revisit the temporary custody order. Michigan law often facilitates this process for returning service members.
Requesting a Hearing:
You or your attorney will typically file a motion with the court. This requests a hearing to review the custody arrangement now that you are back. The court will again consider the child’s best interests.
Steps Upon Return:
- Notify the Court/Attorney: Inform them as soon as you have return dates.
- File Necessary Paperwork: Submit motions to modify the temporary order.
- Prepare for Hearing: Gather information showing you are ready to resume custody.
Factors Court Considers Then:
- Child’s Current Well-being: How has the child adjusted during your absence?
- Your Ability to Parent Now: Are you settled and ready to provide care?
- The Original Order: Was custody intended to return to you?
Example Scenario: Master Sergeant Riley returns from Afghanistan. Her lawyer files a motion asking the Michigan court to end the temporary custody order that placed her son with his father. The court holds a hearing, finds Riley is able provide a stable home again, and restores her primary physical custody as it was before deployment.
Extra Insights: The Court’s Perspective
Understanding the Judge’s Role:
Judges dealing with military deployment cases face a tough balancing act. They deeply respect the sacrifices of service members. However, their legal duty is always to prioritize the immediate safety and stability of the child involved.
Predictability Matters:
Courts value predictability for children. While temporary changes due to deployment are common, judges prefer solutions that offer the child a clear sense of routine and care, especially during longer absences. This often involves placing the child with the other parent if they are deemed fit and available.
Frequently Asked Questions:
1. Can my ex automatically get custody if I deploy?
No, it’s not automatic. The court must issue an order based on the child’s best interests, though temporary custody for the ex is common during deployment.
2. Does my military Family Care Plan guarantee my choice of caregiver?
No, it shows your preference. A judge makes the final decision based on the child’s best interests, often favoring the other parent if suitable.
3. Will I lose custody permanently because of deployment?
Usually no. Orders made due to deployment are typically temporary, allowing you to seek custody review upon return.
4. What if the other parent is unfit to take custody?
The court will assess the other parent’s fitness. If they are deemed unfit, the court will explore other options, possibly including the caregiver named in your plan.
5. How long does a deployment have to be to trigger a custody change?
There’s no set rule, but courts are less likely to change orders for very short trips (a few weeks). Longer or open-ended deployments often lead to temporary changes.
6. Can I prevent my ex from getting custody while I’m gone?
You can present your case and Family Care Plan. However, if the court finds it’s in the child’s best interest to be with the other parent temporarily, you likely cannot prevent it.
7. What is the Servicemembers Civil Relief Act (SCRA)?
It’s a federal law protecting service members from certain civil actions, like lawsuits or negative court rulings, while on active duty and unable to respond.
8. Does the SCRA stop all custody changes during deployment?
No. While it can pause proceedings, it doesn’t override the court’s duty to ensure the child’s welfare, which may require temporary custody orders.
9. What happens if the other parent lives far away?
This complicates things. The court weighs the disruption of moving against the benefit of being with a parent, still focusing on the child’s best interest.
10. How quickly can I get custody reviewed when I return?
Michigan law often allows for expedited hearings for returning service members. File the request as soon as possible upon your return.
11. Should I talk to a lawyer before deploying?
Yes, absolutely. An attorney familiar with Michigan military divorce and custody issues can provide crucial advice.
12. Where can I watch a video about this?
You can watch our short video discussing deployment and potential custody changes for more information.
Get Help With Your Case: Facing deployment is stressful enough without worrying about losing time with your child. Understanding how courts handle custody during military service is key. If you have questions about your specific situation in Michigan, reach out for experienced legal guidance.
Contact Us Today: Don’t navigate this alone. Call or text Goldman and Associates at (248) 590-6600 for help. Schedule your free consultation today by visiting [scheduling link] or learn more at ChooseGoldman.com.