How Military Deployments and PCS Orders Affect Child Custody in Arkansas

Arkansas is proudly home to thousands of service members, with major installations like the Little Rock Air Force Base in Jacksonville and the Ebbing Air National Guard Base in Fort Smith. While serving your country is an honor, military life brings unique challenges to co-parenting. Deployments, training cycles, and Permanent Change of Station (PCS) orders can disrupt established custody routines and cause immense stress for both parents and children. If you are facing a military-related custody issue, finding an experienced family law attorney through our directory is a vital step to protecting your parental rights in the local Circuit Court.

Many service members worry that leaving the state or the country for duty will cause them to "lose" custody of their child to their civilian ex-spouse. Fortunately, both federal and Arkansas state laws provide strong protections for active-duty parents. The Servicemembers Civil Relief Act (SCRA) protects deployed military personnel from facing default judgments in family court while they are away. State law specifically dictates how local judges should handle temporary absences. Knowing these rules ensures you are not penalized for your military service.

Navigating Specific Military Custody Scenarios

Military custody cases in Arkansas generally fall into a few distinct categories depending on the length and nature of the orders. The Pulaski County Circuit Court Little Rock and other local courts evaluate these situations with the child's best interests in mind, while respecting the service member's duties.

PCS (Permanent Change of Station) Orders Out of Little Rock AFB

Receiving PCS orders that relocate you from Arkansas to another state or country is treated legally as a relocation case. Because a PCS is permanent, it often requires a formal modification of the existing custody order. The moving parent must demonstrate that the relocation is in the child's best interest. Courts will consider the educational opportunities at the new base, housing, and how the move impacts the child's relationship with the non-relocating parent. Often, long-distance parenting plans are implemented, giving the civilian parent significant time during summer breaks and holidays.

Temporary Modifications During Overseas Deployments

When a parent receives deployment orders for a set period (such as 6 to 12 months), Arkansas law provides a clear safety net. Under Ark. Code Ann. § 9-13-110, any change to custody made because of a military deployment must be temporary. The court will usually grant the civilian parent primary physical custody during the deployment. However, the law mandates that within a specific timeframe after the service member returns, the custody arrangement must automatically revert to the original, pre-deployment order, unless there is a separate issue of harm or danger to the child.

Delegating Visitation Rights to Step-Parents or Grandparents

One of the most family-friendly provisions in Arkansas law allows a deployed service member to delegate their court-ordered visitation time to a trusted family member. If you are deployed overseas, you can petition the court to allow your current spouse (the child's step-parent) or your parents (the child's grandparents) to exercise your visitation weekends. This ensures that the child maintains a strong bond with your side of the family while you are away serving the country.

Step-by-Step Process for Modifying Custody Before Deployment

Preparing for deployment means getting your legal affairs in order well before you ship out. Do not leave your custody arrangement to a verbal agreement.

Step 1: Draft a Temporary Military Parenting Plan

As soon as you receive your orders, consult with a lawyer to draft a temporary parenting plan. This document should detail exactly how custody will be handled during the deployment, how communication (FaceTime, phone calls) will be maintained across time zones, and who will handle delegated visitation.

Step 2: Attempt to Reach an Agreement

If you and your co-parent agree on the temporary terms, your attorney can submit an agreed Agreed Order for Temporary Modification to the judge. Courts heavily favor parents who can work together to minimize the stress on the child during a deployment.

Step 3: File a Petition in Circuit Court

If the civilian parent refuses to agree or tries to use the deployment to permanently alter custody, your attorney will file a formal petition in the local Circuit Court. Because of the SCRA and expedited military dockets, courts will often schedule an expedited hearing to resolve the matter before your deployment date.

How Much Does it Cost in Arkansas?

Legal fees depend on whether the other parent fights the temporary modification or PCS relocation.

How Long Does the Process Take?

If both parents agree, a temporary military modification can be drafted, signed, and approved by a judge in just 2 to 4 weeks. If the case is contested, military families can request an expedited hearing, usually securing a court date within 30 to 45 days. A contested PCS relocation case, however, may take 3 to 6 months to fully litigate, so it is crucial to contact an attorney the moment you receive your initial orders.

Frequently Asked Questions (FAQ)