For Virginia's active duty military parents, deployment overseas can raise problems concerning child custody and visitation. Virginia law provides special protections to ensure that a parent's military service doesn't automatically diminish their rights to their children.

The Virginia Military Parents Equal Protection Act applies to any parent or guardian, with a child under 18, who is deployed or has received written orders for deployment. It covers all branches of the U.S. Armed Forces, including the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and any reserve component.

Under the Act, any court order that restricts a deploying parent's previously awarded custodial or visitation rights solely because of deployment must be designated as temporary. The temporary order acknowledges the exceptional circumstance and avoids permanent changes based solely on service.

Recognizing the challenges for maintaining regular contact between a deploying parent and their child, the Act empowers the court, upon the deploying parent's request, to grant visitation rights to a family member, such as a stepparent, with whom the child has a strong bond. This ensures the child continues to have a familiar and supportive presence in their life while the parent is away. However, the court prioritizes the child's best interests, and the delegated visitation doesn't establish a separate right for the family member granted visitation.

Upon returning home, the deploying parent may wish to modify the custody or visitation order. The Act facilitates this by mandating the court to schedule a hearing within 30 days of the parent filing a motion. This hearing allows for a review based on current circumstances, ensuring the custody arrangements best serve the child's needs following deployment.

The Act also addresses responsibilities of the non-deploying parent during deployment. They are required to provide the court with written notification, at least 30 days in advance, of any changes to their address or phone number. This fosters open communication and avoids potential difficulties in maintaining contact with the deploying parent.

While the Act provides legal safeguards, proactive planning can further benefit all parties involved. Working with an experienced Virginia military divorce lawyer, parents can craft a family care plan before deployment takes place. This plan can outline communication methods, visitation schedules and even address potential scenarios that might arise during deployment. A well-designed plan fosters stability and clarity for both the child and the deploying parent, minimizing potential conflicts and helping bring about a smooth transition during deployment.

Harding, Harding & Harding Attorneys at Law is skilled in guiding Virginia military parents through child custody matters. We have offices in Norfolk, Virginia Beach and Chesapeake. Call us at 757-499-2600 or contact us online to schedule a free consultation.