Child custody and parenting time

Military parents and custody

Federal law gives service members some protections in custody cases. Each state adds its own.

Military parents

If someone asks a court to change custody for good, the court may not use a service member's deployment, or possible deployment, as the only reason.
If a court makes a temporary custody order only because a parent is being deployed, the order must end no later than the deployment period justifies. If state law protects the deploying parent more, the court uses the state rule.
For this rule, "deployment" means orders to go somewhere for more than 60 days and up to 540 days, where family members can't come along.
A service member on active duty, or within 90 days after leaving service, can ask the court to pause a custody case. The court must pause it for at least 90 days if the request includes a letter explaining how duty affects the ability to appear, and a letter from the commanding officer saying leave is not allowed. More time can be requested.
All 50 states also have their own laws that protect service members in custody cases. Your state page and your legal assistance office can tell you more.
The military requires some service members to have a family care plan and keep it up to date. It says who will care for your children if you are away on duty. Your branch has its own rules for this plan.
Service members and families can get free help from a military legal assistance office on the base. Use the Armed Forces Legal Assistance Legal Services Locator or MilitaryINSTALLATIONS to find one. Military OneSource: 800-342-9647.

Find a military legal assistance office on a base.

Free help for service members and families, including finding legal help.

Last checked: November 2026