Deployed Military members have rights as custodial parents

Posted on October 16, 2012

Deployed Military members have protected rights as custodial parents:  In 2012 California legislation amended  Family Code Section 3047  to provide for modication of child custody and visitation orders for active duty military personnel to protect the rights of a deployed parent while ensuring that a child’s best interest remain paramount. (AB 2416)

FC Sec. 3047(b)(1)    If a party with sole or joint physical custody or visitation receives temporary duty, deployment, or mobilization orders from the military that require the party to move a substantial distance from his or her residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights, a modification of the existing custody order shall be deemed a temporary custody order, which shall be subject to review and reconsideration upon the return of the party from military deployment, mobilization, or temporary duty. If the temporary order is reviewed upon return of the party from military deployment, mobilization, or temporary duty, there shall be a presumption that the custody order shall revert to the order that was in place before the modification, unless the court determines that it is not in the best interest of the child.