When a parent receives deployment orders, the logistics of daily life shift quickly — and if you share custody of a child, those orders don’t pause your parenting responsibilities. Deployment can create real legal uncertainty around custody arrangements, and how you handle it matters both for your family and for your rights when you return home.
Here’s what Georgia service members and their co-parents need to know.
Your Existing Custody Order Doesn’t Disappear When You Deploy
A deployment doesn’t automatically suspend or terminate your custody rights. Your court-ordered custody arrangement remains in effect – but as a practical matter, you may be unable to exercise your parenting time while overseas. That gap needs to be addressed proactively, ideally before you leave.
Failing to plan for deployment can lead to informal arrangements that become difficult to undo, disagreements about custody when you return, and in some cases, attempts by the other parent to use your absence as grounds to modify the permanent custody order.
The Servicemembers Civil Relief Act Offers Some Protection
The Servicemembers Civil Relief Act (SCRA) allows service members to request a stay – a temporary pause – of custody proceedings if military service materially affects their ability to participate. This can be valuable if the other parent files for a custody modification while you’re deployed. A stay won’t resolve the issue permanently, but it can prevent a court from making significant decisions about your child’s custody without you present or represented.
Georgia Law and Temporary Custody Modifications
Georgia courts can approve temporary custody modifications that go into effect during a deployment and automatically revert when the service member returns – without treating the deployment itself as a permanent change in circumstances. Under Georgia law, a parent’s absence due to military service generally cannot be used as the sole basis for a permanent modification of custody.
What Happens to Your Parenting Time While You’re Gone?
Many families handle deployment through a temporary parenting agreement that designates who will care for the child in the service member’s absence. This might involve delegating parenting time to a family member, maintaining contact through virtual visitation, or establishing clear terms for how decisions will be made during your absence. If you and your co-parent can agree on these terms, put it in writing and, when possible, have it approved by the court. Informal agreements carry no legal weight if a dispute arises later.
Can the Other Parent Seek a Permanent Custody Change While You’re Deployed?
This is one of the most common concerns service members have – and a legitimate one. While Georgia law provides some protections, the other parent can still file for a modification while you’re gone. If you’re facing deployment and have reason to believe the other parent may seek a custody change, take action before you leave: request a stay under the SCRA, designate legal representation to act on your behalf, and ensure your current custody order is clearly documented.
Before You Deploy: Steps Worth Taking
- Review your existing custody order with an attorney before deployment
- Draft a temporary parenting plan that covers your absence
- Establish a virtual visitation schedule to stay connected to your child
- Document your role as an active, engaged parent
When You Return: Resuming Your Custody Rights
Returning from deployment doesn’t always mean a smooth transition back into your prior arrangement. If you encounter resistance when trying to resume your custody rights, you have legal recourse, and the fact that your absence was due to military service, not choice, matters in the eyes of the court.
At Arnold & Stafford, Attorneys at Law, we work with service members and military families navigating the intersection of deployment and family law. Contact us today to schedule a confidential consultation.