What Rights Do Military Parents Have? - Child Custody

Recent legislation has enhanced child custody rights for deployed NH military personnel.  A state law passed in 2012 protects service members from suffering unjust modifications to their custodial status arising because of long deployments overseas.  In the past, some members of the military have returned home to find their former spouse and children have moved to another state without consulting them.  These parents had limited legal recourse under state and federal law.  In effect, they were powerless to stop changes in custody agreements while serving out of the country.  Now a number of states have acted to safeguard the parental rights of military spouses and parents. 

In New Hampshire, no permanent alteration to a custody arrangement can take place unless ninety days have elapsed since the military spouse’s deployment has ended.  An agreement to a temporary arrangement may be legal, but this temporary change must end, after a brief transition period, when the military parent returns from deployment.  On the other hand, both parents can work toward a permanent modification while the military parent remains abroad.  The formal implementation of the permanent change, however, cannot happen until the ninety days after the end of deployment specified by law.  If a hearing on a permanent change in custodial status takes place while the military parent is serving overseas, he/she must be allowed to present a legitimate defense via satellite, Skype, or some other technological means, unless, of course, the military parent consents to the change in status.

If the deployed parent has joint/sole custody of the child, he/she may delegate parenting responsibilities to a third party for the term of absence.  This temporary guardian could be a family member or another person close enough to the child to discharge parenting duties, if such an appointment is determined to be “in the child’s best interests.”  Individuals looking to gain a supervisory role or increase their parenting time over a child have no right to request these responsibilities from the deploying service member.  The choice of delegating a guardian lies solely with the discretion of the deploying parent. 

In the past, the courts have used a parent’s absence during a deployment as a justification for altering child support orders or modifying custody arrangements.  NH law now states that deployment alone cannot prejudice a military parent’s legal standing or responsibilities with respect to their children.  In practice, however, the additional burdens facing parents and caregivers as a result of the deployed parent’s absence may still lead to adjustments in child support obligations.  The legislation is very recent, and it remains unclear how this provision will be carried out.

Members of our armed forces endure tremendous physical and emotional hardship during long overseas deployments.  Many of them return to the US to find their family lives upended and their children living out of state.  New Hampshire has joined a number of other states in seeking to provide fair and honorable treatment to military parents who love their children and deserve to retain their parental rights.

Attorney Brenda Golden Hallisey’s primary areas of practice are Family Law and Social Security Disability. She also practices Probate and Landlord/Tenant law as well at Elder Estate Planning including Medicaid Planning. 

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.