Child Custody and Military Deployments: Modifying Parenting Plans in Arizona

Arizona is proud to host a massive military community, anchored by installations like Davis-Monthan Air Force Base, Luke AFB, and Fort Huachuca. For active-duty service members, military life brings constant transitions. When a deployment order comes down, the last thing a parent should worry about is losing their parental rights or having their custody arrangement permanently weaponized against them by an ex-spouse.

Arizona law provides robust protections for deployed parents, heavily influenced by the principles of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). The state ensures that your service to the country does not result in a permanent loss of custody. Navigating military family law requires specific expertise. If you are facing an upcoming deployment or returning home, you can browse our catalog to find experienced Arizona family law attorneys who understand military procedures and state statutes.

Step-by-Step Process for Military Parents

When you receive deployment orders, time is of the essence. You must formalize temporary changes through the court, whether that is the Pima County Superior Court Tucson or the Maricopa County Superior Court Phoenix.

Active Duty Relocations out of Davis-Monthan or Luke AFB

If you are given orders to deploy for more than 30 days, A.R.S. § 25-411 prevents the other parent from using your military absence as the sole reason to permanently modify legal decision-making or parenting time. You should file a Motion for Temporary Orders Due to Military Deployment. This allows the court to create a temporary schedule that accommodates your absence, such as establishing regular video calls or internet-based communication with your child while you are overseas.

Temporary Delegation of Parenting Time to Step-Parents

One of the most powerful protections for military members in Arizona is the ability to delegate your parenting time. If you deploy, you can petition the court to temporarily assign your visitation time to a family member, such as a new spouse (the child's step-parent) or a grandparent, provided it is in the child's best interests. By filing a Petition to Delegate Parenting Time, your child can maintain a close relationship with your side of the family while you are away.

Reinstating Standard Custody Post-Deployment

Any custody order modified strictly due to military deployment is temporary. By law, within a short period after you return to your Arizona base, the temporary order terminates, and your original parenting time and legal decision-making rights must be fully reinstated. If your ex-spouse refuses to return to the original schedule, your attorney can file an expedited motion to enforce the original decree.

How Much Does it Cost in Arizona?

Military families should be aware of the basic costs involved in modifying a parenting plan.

How Long Does the Process Take?

Because military deployments happen quickly, Arizona courts are required to expedite these hearings. If you have immediate orders, a judge can often grant temporary deployment orders within 14 to 30 days. Reinstating the orders upon your return is usually an administrative process that happens almost immediately upon filing the notice of return.

Frequently Asked Questions (FAQ)