Introduction
When one parent is in the military and deployed in Virginia, the parenting time and custody arrangement can become complicated. Deployment not only affects the parent who is serving, but it can also have a significant impact on their children and family members. It is essential to be familiar with the legal options available to ensure that the best interests of the children are upheld.
Deployment of a parent
Deployment of a parent can significantly impact the daily lives of children and the non-military parent. The duration and distance of the deployment will influence how the custody arrangement is affected. A parent’s deployment may lead to changes in parenting time, child support, and custody arrangements.
How is Parenting Time Affected?
Parenting time or visitation is the period of time that a non-custodial parent spends with their child. When one parent is deployed, it may be impossible to comply with the existing custody order. In such cases, a non-military parent may want to request a modification of the custody order to allow for increased visitation.
Legal Options Available
If a parent is deployed, the non-military parent can request a temporary modification of the parenting plan. Virginia law allows a temporary modification of the custody order if there is a "material change in circumstances" that renders it untenable. Deployments often meet this standard.
Child Custody and Military Service
Child custody arrangements differ depending on whether one parent is in the military. Deployment may require a child custody modification to ensure that the best interests of the child are met. A military parent may want to consider family care plans or giving temporary custody of their children to a family member or trusted friend.
Conclusion
If one parent is in the military and deployed in Virginia, their parenting time and custody arrangements can be significantly impacted. Communication, flexibility, and cooperation are critical to maintaining a healthy co-parenting relationship during deployment. Seeking legal guidance from a Virginia family law attorney can help parents understand their options and ensure that their children’s best interests are met.