Parents who share custody in California generally have a specific division of parenting time with their children. Co-parents may communicate frequently to make joint decisions regarding their children’s vacation and medical care.
The best custody arrangements are often the result of an agreement between the parents rather than litigation in family court. They may have negotiated their own terms for sharing parenting time and legal authority with one another. Unfortunately, an agreement may become outdated rapidly if one parent joins the military. Those in Escondido might choose to serve in the Marine Corps, in particular, due to Escondido’s proximity to Camp Pendleton.
What happens to an existing custody order when military training and deployment put pressure on one parent’s schedule?
Parents may need to review their arrangements
A parent subject to the demands of military service may have an unpredictable schedule. They may need to travel with minimal advance notice for training or deployment. While they may sign up and train at Camp Pendleton, they may require additional training elsewhere or face deployment abroad.
The current schedule for parenting time may not work well once the schedule for the family shifts due to the demands of military service. Theoretically, parents can agree to a new division of parenting time and even arrangements for allowing virtual visitation when a service member parent is far afield for training or deployment reasons.
If they cannot reach an agreement, then the matter becomes more complicated. Parents have the option of requesting contested custody modifications if they do not agree on how to adjust their arrangements. However, state law explicitly states that military training and deployment do not automatically meet the necessary standard for a contested modification hearing.
The parent requesting the review of a family law judge must show that the living arrangements or schedule for the family’s existing order have changed substantially and that a modification of its terms is necessary. Child custody modifications and the terms set by a judge can become significantly more complicated in cases where parents serve in the military.
Reviewing an existing custody order and likely upcoming changes with a family law professional familiar with military divorces and child custody cases can help parents recognize when changes to the family’s schedule and living arrangements are significant enough to warrant an uncontested or contested modification.