What Happens To A Maryland Custody Order When A Parent Is Deployed By The Military?

A service member’s deployment can create problems for a parent sharing custody of a child. A service member’s deployment can make it so they can’t honor the custody agreement for an extended period of time. But deployment does not absolve the service member of the responsibility to follow the custody agreement.

There are certain laws in Maryland that address the custody and visitation of a child by a parent whose deployment impacts the existing custody agreement. It’s important for military parents to understand these laws.

Maryland law addresses military deployment 

Maryland Family Law § 9-108 states that under normal circumstances, deployment means military orders directing a military member to deploy for combat duty or another active duty if the member’s family cannot travel with them, or when it is a remote duty assignment. Regular training of a military reservist or national guardsman does not apply under the aforementioned statute.

If the Court in Maryland issues a custody or visitation order related to a parent’s deployment, the order should specify that the parent is deployed. This is because the inability to spend time with one’s children may be temporary.

Maintaining contact during deployment 

Distance alone should not result in the deployed parent having no contact with the child. Where a custody or visitation order was made because of the parent’s deployment, an order must safeguard the parent-child relationship in accordance with Maryland law. The non-deployed parent should accommodate the deployed parent’s leave schedule and provide a way for the deployed parent to communicate with their child. This includes providing the leave schedule.

Accordingly, depending on the situation, the parents will need to come up with a temporary solution that meets the child’s needs and allows the parent to communicate with and spend time with the child during the leave period.

What happens when the parent returns? 

A returning service member may have to seek court action to change an arrangement established during their deployment.

Under Maryland law, a specific process exists for this purpose. The parent requesting custody or visitation, or a modification of custody or visitation, after deployment should note the date the deployment ended. If the request for modification or establishment of custody/visitation is made within 30 days of deployment, the court must set up an expedited hearing. The court can also schedule an expedited hearing for a request made after that period due to extenuating circumstances.

Maryland’s custody statute also lists military deployment and its impact on the parent-child relationship, among other considerations, in the best interest of the child.

Talk to a Bel Air, MD, Child Custody Lawyer Today 

Service members have special circumstances that apply to their child custody orders. These issues need to be addressed in the divorce decree. Schlaich & Thompson, Chartered can help military members come up with an agreement that addresses potential deployment. Call our Bel Air family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.