Military service often demands immense personal sacrifice, including long periods away from home due to deployment. For service members who are also parents, these absences can bring additional stress, particularly when it comes to child custody and visitation. Additionally, some service members wrongly believe deployment exempts them from parental obligations like child support. This can create costly misunderstandings.
Tucson’s strong military presence, including service members stationed at Davis-Monthan Air Force Base, means that many local families face these challenges. Understanding how deployment affects custody arrangements under Arizona law is critical for maintaining your parental rights and ensuring your child’s best interests are protected.
Understanding Arizona Child Custody and Visitation Laws
Arizona law divides child custody into two main components: legal decision-making and parenting time. Legal decision-making refers to a parent’s right to make important decisions about the child’s welfare, such as education, medical care, and religion. Parenting time or visitation determines how much time each parent spends with the child.
Arizona courts make custody decisions based on what is in the best interests of the child, considering factors like stability, parental cooperation, and the child’s emotional needs. These laws apply equally to military and civilian parents. However, deployment introduces unique challenges that require careful legal planning to prevent unintended consequences.
The Impact of Military Deployment on Custody Arrangements
Military deployment involves months or even years of separation, making regular parenting time difficult to maintain. However, under Arizona law, deployment cannot automatically terminate or permanently change custody arrangements. Courts recognize that military service is a duty, not a choice, and that parents should not lose their rights because of it.
When a parent receives deployment orders, they or the other parent can request a temporary modification to accommodate the new circumstances. The court will typically issue an order that temporarily adjusts parenting time while preserving the deployed parent’s long-term rights.
In some cases, parents can agree in advance to a temporary arrangement that outlines how custody and visitation will work during deployment. These proactive agreements can help avoid misunderstandings and legal conflicts later.
The Servicemembers Civil Relief Act (SCRA) also provides federal protections, preventing courts from making default judgments or final custody changes while a service member is unable to appear due to active duty.
Temporary Custody and Visitation Modifications during Deployment
Arizona law allows parents to make temporary custody modifications during deployment to ensure stability for the child. These changes are not permanent and typically end when the service member returns.
Before deployment, the parent can petition the court for a temporary modification order. The order may:
- Reassign parenting time to the non-deployed parent during deployment.
- Specify how and when the deployed parent can maintain contact with the child (through calls, video chats, letters, etc.).
- Allow the deployed parent to delegate visitation rights to a family member, such as a grandparent or spouse, if the court finds it is in the child’s best interest.
These arrangements must be formally approved by the court to be enforceable. Once the service member returns, the original custody order can be reinstated unless circumstances have significantly changed.
Legal Protections for Deployed Service Members
Both federal and Arizona state laws include protections to prevent deployed service members from unfair custody losses.
The SCRA safeguards military parents by allowing them to request a delay (or ‘stay’) in court proceedings if their deployment prevents them from attending hearings. This ensures that important custody decisions aren’t made without their participation.
Arizona statutes also prohibit courts from making permanent custody modifications solely because a parent is deployed. Judges are instructed to consider deployment as a temporary condition and to preserve the parent-child relationship as much as possible.
In practice, this means that if you are deployed from Tucson to another location, your parenting time may be adjusted temporarily, but you won’t lose custody permanently simply because of your service.
Reinstating Custody and Visitation after Returning from Deployment
When a service member returns from deployment, Arizona law makes it relatively straightforward to restore pre-deployment custody arrangements. The temporary order automatically ends when the deployment concludes, unless a parent requests further modification.
To reinstate custody or parenting time, the returning parent may need to file a brief notice or motion with the court. Judges typically prioritize reinstating the prior arrangement to ensure stability and fairness.
However, if the child’s circumstances have changed significantly, for example, if the child has adjusted to a new school or living environment, the court may review whether modifications are needed in the child’s best interest.
It’s important for the returning parent to show continued commitment to their child’s well-being through communication, support, and involvement during deployment.
Practical Tips for Military Parents
Navigating child custody as a military parent can be smoother with planning and professional guidance. Here are several steps to consider:
- Create a Family Care Plan – The military requires service members to establish a family care plan outlining who will care for dependents during deployment. Make sure this plan aligns with your custody agreement.
- Maintain Communication – Stay connected with your child during deployment through letters, video calls, and online messaging. Courts appreciate parents who make consistent efforts to maintain emotional bonds.
- Notify the Other Parent Early – Inform the other parent about deployment orders as soon as possible to encourage cooperation and avoid legal disputes.
- Seek Legal Advice – Work with a Tucson family law attorney familiar with military custody issues. They can help draft temporary custody agreements and ensure compliance with both Arizona and federal laws.
- Keep Documentation – Maintain records of communication, support payments, and involvement with your child during deployment. This can help prove your ongoing parental engagement.
Contact a Tucson Military Family Law Attorney
Military deployment can create significant challenges for parents, but it does not mean losing custody or visitation rights. Arizona laws and federal protections are designed to ensure that service members remain active, involved parents despite the demands of military duty. If you or your co-parent is facing deployment, early planning and legal guidance can make all the difference.
If you are in Tucson, AZ, our knowledgeable and experienced military family law attorney at RPM Law is here for you. We will help you navigate temporary custody modifications, safeguard your rights under the SCRA, and protect your relationship with your child during and after deployment. Contact us today to schedule a consultation and learn how we can help you manage custody and visitation matters related to military deployment in Arizona.
