Military deployment may require temporary changes to a child custody order, but it does not permanently change your parental rights. Arizona law sets clear rules to address parenting time before, during, and after deployment, with an emphasis on fairness and continuity. When you are facing deployment, acting early and setting clear expectations can reduce conflict. Courts focus on preserving stability for children while maintaining the deployed parent’s role in their lives.
How Deployment Affects Existing Custody Orders
Deployment alone is not grounds for a permanent custody modification in Arizona. Courts generally treat deployment-related changes as temporary, with the expectation that prior orders resume once the service member returns.
Judges focus on maintaining continuity for the child while recognizing that military obligations are mandatory and time-limited. Any requested changes must still align with the child’s best interests, but the court may not treat deployment as a negative factor against the deployed parent.
If no action is taken before deployment, the existing order remains in place, which can create practical problems. Proactively addressing custody helps prevent disputes and confusion.
Temporary Parenting Time Delegation During Deployment
Arizona allows a deployed parent to temporarily delegate parenting time to another adult, often a family member, if doing so supports the child’s stability. This delegation is not automatic and typically requires court approval or agreement between parents.
Common delegation arrangements include:
- Grandparents or close relatives stepping in for scheduled parenting time
- Maintaining the deployed parent’s role through regular communication
- Setting clear start and end dates tied to deployment orders
Delegation does not transfer legal custody. It is designed to preserve the child’s connection to the deployed parent during their absence.
Expedited Hearings for Deployment-Related Requests
Arizona courts recognize that deployment timelines can move quickly. When custody issues arise due to an upcoming deployment, parents may request expedited hearings.
These hearings allow the court to address:
- Temporary custody modifications
- Parenting time delegation
- Communication schedules during deployment
Expedited review helps ensure decisions are made before deployment begins, reducing last-minute conflict.
Protections for Service Members Under the SCRA
The Servicemembers Civil Relief Act (SCRA) provides federal protections when military duties affect court participation. If deployment or active duty prevents a parent from attending hearings, the SCRA allows for temporary delays or stays in proceedings.
Key SCRA protections include:
- The ability to request a pause in court proceedings
- Limits on default judgments when military service interferes
- Court discretion to balance parental rights with military obligations
These protections are not automatic. They must be properly requested and supported with documentation.
Maintaining Parent-Child Relationships During Deployment
Courts often emphasize communication plans during deployment. While in-person parenting time may not be possible, maintaining regular contact supports the child’s emotional well-being and continuity.
Common communication tools include scheduled video calls, phone calls, emails, or recorded messages. Parenting plans may also outline flexibility based on time zones and service requirements.
Clear expectations help reduce misunderstandings between parents while keeping the child connected.
Reintegration Plans After Returning From Deployment
Reintegration is a critical phase that courts take seriously. Arizona law favors returning to the prior custody arrangement once deployment ends, unless a separate and valid reason supports a longer-term change.
Courts may approve step-up schedules that gradually restore parenting time, especially if the deployment was lengthy. These plans give children time to adjust while reaffirming the returning parent’s role.
Reintegration plans often address:
- Transition timelines
- Makeup parenting time
- Adjustments to school or activity schedules
Planning ahead reduces friction and helps the family reestablish routine.
When Court Intervention Becomes Necessary
Not all deployment-related custody issues resolve through agreement. Court involvement may be necessary if parents disagree about delegation, communication, or reintegration terms.
When disputes arise, documentation matters. Deployment orders, prior parenting history, and proposed plans all shape how the court evaluates requests.
Moving Forward After Deployment With a Clear Custody Plan
Deployment adds complexity to custody matters, but Arizona law provides structured safeguards for families in this situation. Addressing these issues early helps protect your rights and your child’s routine.
When you are facing deployment or a return from service, custody decisions can feel uncertain. At Cohen Family Law, we help Arizona families create practical custody plans that account for military service while keeping children at the center of every decision. Contact us to discuss your situation and next steps.
