The weight of military service already demands your full attention. When deployment orders arrive, the last thing you need is uncertainty about your relationship with your child.
Here’s what you need to know: California law, backed by federal protections, stands firmly on your side. The law recognizes that serving your country should not mean sacrificing your role as a parent.
Understanding Military Child Custody Laws in California
Military child custody operates under a unique legal framework that combines both federal and state protections. California Family Code Section 3047 specifically addresses custody issues for military parents, while the federal Service Members Civil Relief Act (SCRA) provides additional legal safeguards during active duty service.
California Family Code Section 3047 states that “a party’s absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party’s activation to military duty or temporary duty, mobilization in support of combat or other military operation, or military deployment out of state.”
The federal Servicemembers Civil Relief Act (SCRA, 50 U.S.C. § 3932) provides additional protections for active duty service members, including a mandatory 90-day stay of civil proceedings (with possible extensions) when active duty materially affects your ability to appear. The stay is not always automatic; you must request it and show that military duties materially affect your ability to appear.
Together, these laws ensure military families receive fair treatment in custody matters.
Will You Lose Custody Because of Deployment?
In most cases, no. Deployment alone cannot be used as the sole reason to permanently change your custody arrangement.
Courts may make temporary adjustments to custody arrangements during your deployment, but once you return, there is a legal presumption that your prior custody arrangement will revert to what it was before you left, unless the court determines that doing so would not be in your child’s best interests.
The key distinction here is between temporary and permanent changes. Temporary modifications recognize the practical reality that you cannot physically be present during deployment. Permanent changes require evidence that such a change would serve your child’s best interests, independent of your military service.
How Custody Works When One Parent Is Active Duty
When you’re facing deployment, California courts are required to accommodate your military service. If your deployment will affect your ability to appear at a scheduled hearing, the court must either:
- Hold an expedited hearing before you deploy, or
- Allow remote participation (via phone or secure video) when technology and due process considerations permit.
The federal SCRA provides additional protections. Under the SCRA, you can request a stay of legal proceedings if your military service materially affects your ability to participate in court proceedings.
This protection ensures that critical custody decisions are not made without your input simply because you are serving your country.
51/49 Custody Schedules and Military Deployment
Some military families operate under 51/49 custody arrangements. A 51/49 custody schedule keeps parenting time virtually equal while giving one parent a slight majority that can smooth out legal, financial, and logistical wrinkles, especially valuable when taxes or school enrollment come into play.
However, deployment introduces unique challenges, since you may not be physically available to follow the normal schedule.
During deployment, the court may temporarily adjust the schedule to account for your physical absence. However, this temporary adjustment doesn’t automatically convert the other parent into the permanent primary custodian. Like we mentioned above, California law generally presumes that your original custody arrangement will resume once you return unless a permanent change clearly serves your child’s best interests.
Many military parents successfully maintain meaningful relationships with their children during deployment through regular video calls, virtual participation in school events, and extended time together during leave periods. Courts increasingly recognize these forms of contact as meaningful parenting time.
They tend to look favorably on the extra effort military parents make to remain involved during deployment. This recognition helps ensure that service members are not unfairly disadvantaged in custody or parenting time decisions simply because of their duty to serve.
Protecting Your Visitation Rights During Deployment
Your visitation rights don’t disappear when you deploy, either. California law provides several mechanisms to protect and maintain your relationship with your child during military service.
Relative stand-in visitation
You can request that the court allow a family member, such as a grandparent, stepparent, or other relative, to exercise visitation rights on your behalf during deployment. This arrangement must serve your child’s best interests and typically requires that the family member already has a meaningful relationship with your child.
Frequent-and-continuing-contact
Courts must also consider practical ways to maintain your bond during deployment. Regular video calls, online participation in school events, and digital sharing of daily activities can help maintain your bond with your child during deployment.
When making temporary custody orders during deployment, courts must consider arrangements that allow you to maintain “frequent and continuing contact with the child by means that are reasonably available.”
Military Relocation and Child Custody Orders
Military families face unique challenges when it comes to relocation. Permanent Change of Station (PCS) orders can create complex custody issues, especially when the other parent is not military or is stationed elsewhere.
California law maintains jurisdiction over custody matters even when military service requires relocation. When a child leaves California due to a parent’s military deployment, this is considered a “temporary absence” under the Uniform Child Custody Jurisdiction and Enforcement Act, and California courts retain jurisdiction.
This protection is important because it prevents the other parent from attempting to modify custody in a different state while you’re deployed. Even if the other parent relocates with your child to another state during your deployment, California maintains jurisdiction over custody matters.
For PCS moves, courts consider the unique nature of military service. Unlike civilian relocations, military moves are not voluntary and often serve national security interests. Courts typically view military relocations more favorably than civilian relocations, especially when the moving parent demonstrates a plan to maintain the child’s relationship with the other parent.
Special Considerations for Single Military Parents
Single military parents face unique challenges and receive special protections under both military regulations and family law.
Military branches typically require single parents to have a comprehensive Family Care Plan that addresses all aspects of their child’s care during deployment.
These plans must identify who will care for your child, how they will be financially supported, and what arrangements are in place for emergencies. The designated caregiver must be capable of providing full-time care and must agree to the arrangement in writing.
Quick Reference: Your Rights Summary
| Federal (SCRA) | California (Fam. Code § 3047) |
| 90-day mandatory stay after deployment; extensions possible | Courts prioritize expeditious handling and may avoid delays |
| Deployment cannot be sole reason for permanent custody change | Deployment or military duty alone cannot justify custody modification |
| Prevents default judgments while on active duty | Not specifically stated but consistent with protections |
| Temporary modifications presume reversion upon return | Temporary custody orders without prejudice; revert after return |
| 6% interest rate cap on most pre-service debts (child support arrears excluded) | Not applicable under Fam. Code § 3047 |
| Courts may expedite hearings or allow remote appearances | Courts may expedite hearings; allow remote participation |
| Ability to request remote participation | Explicitly allows electronic participation in mediation and hearings |
| Not specifically covered under SCRA | Courts may grant visitation rights to relatives; tech-based contact allowed |
Protecting Your Parental Rights: Essential Documents and Action Steps
Preparation is your best defense against custody complications during deployment. Taking proactive steps before deployment can help protect your custody rights and ensure smooth transitions.
Create or Update Your Family Care Plan
Courts may view a well-prepared Family Care Plan favorably because it shows that you have carefully planned for your child’s needs during deployment. However, a Family Care Plan does not replace a court order. Only a judge can legally modify custody or visitation arrangements, and the plan itself has no binding legal effect unless incorporated into a court order.
Establish Powers of Attorney
Powers of attorney can be valuable tools for military parents. A limited power of attorney can authorize a trusted family member to make certain decisions on your behalf, while a general power of attorney provides broader authority. These documents can help avoid delays in important decisions about your child’s welfare.
Document Your Deployment Orders
Documentation of your deployment orders and expected return date provides courts with concrete information about the temporary nature of your absence. This documentation supports requests for temporary rather than permanent custody modifications.
Notify the Court Early
Notify the court as soon as you receive deployment orders. California law requires courts to provide expedited hearings for military parents when deployment affects their ability to participate in scheduled proceedings. Early notification gives the court time to accommodate your military schedule.
Put Arrangements in Writing
Document all arrangements for your child’s care during deployment. Written agreements regarding temporary custody modifications, visitation schedules, and communication arrangements can prevent disputes and provide protection if conflicts arise.
Secure Legal Representation
Consider working with a family law attorney who has experience with military custody issues. Military family law involves unique federal and state protections that a knowledgeable family law attorney can help you take advantage of.
Consider attorneys who offer flexible communication options, including secure video conferencing. Military schedules and locations may make traditional office visits challenging, so flexibility in communication is valuable.
Frequently Asked Questions on Military Custody
Can a military father get full custody?
Yes. A military father may be awarded sole legal and physical custody in California if that arrangement best serves the child’s best interests. Courts weigh the same factors they use for any parent, and Family Code §3047 bars judges from denying custody simply because of military obligations. Strong evidence of consistent caregiving, a solid Family Care Plan, and concerns about the other parent’s fitness all help.
How does custody work in the military?
California uses the same ‘best interests of the child’ standard in all custody cases, but two protections apply specifically to military parents: (1) Any custody changes made solely due to deployment are presumed to be temporary and are subject to review upon your return, and (2) The Servicemembers Civil Relief Act (SCRA) allows deployed parents to pause court proceedings for at least 90 days if military duties prevent participation. Having a clear Family Care Plan can also help maintain parenting continuity during deployments.
Does my new spouse automatically receive legal custody of my child if I’m deployed overseas?
No. A stepparent does not automatically gain legal custody when a service member deploys. Legal custody remains with the child’s biological or adoptive parents unless a court grants a temporary custody order or formal guardianship. While a Family Care Plan or limited power of attorney can allow a stepparent to manage daily care and make certain decisions, it does not legally transfer custody rights.
