Navigating Child Relocation and Military Deployments for Custody in Virginia

Virginia is home to one of the largest military populations in the country, with massive hubs like Naval Station Norfolk, the Pentagon in Arlington, and Quantico. For servicemembers, serving the country often comes with the stressful reality of military deployments, Permanent Change of Station (PCS) orders, and Temporary Duty (TDY) travel. When you share custody of a child, a sudden order to move across the globe can spark intense fear that your ex-spouse will use your absence to permanently strip away your custody rights.

Fortunately, both federal and Virginia state laws provide robust protections for military parents. The law recognizes that serving your country should never be penalized in a family law courtroom. If you are facing deployment or a long-distance PCS, understanding how to legally protect your custody arrangements is essential. Finding a skilled local lawyer from our directory who understands military family law can help you navigate this process smoothly.

Step-by-Step Process for Military Custody Protection in Virginia

Whether you are stationed in Hampton Roads or Northern Virginia, you must take proactive legal steps before you deploy to ensure your parental rights remain intact while you are away.

Step 1: The Virginia Military Parents Equal Protection Act

Your primary shield is the Virginia Military Parents Equal Protection Act under Va. Code Ann. § 20-124.8. This statute explicitly mandates that any custody modification due to deployment must be strictly temporary, preventing courts from permanently changing custody based on military orders, while Va. Code Ann. § 20-108 provides for expedited hearings. If your co-parent files for sole custody just because you received orders, the law forces the court to treat your absence as a temporary circumstance, not a permanent abandonment of your child.

Step 2: Utilizing the Servicemembers Civil Relief Act (SCRA)

If your ex tries to take you to court while you are deployed to an area where you cannot easily communicate, the Servicemembers Civil Relief Act protects you. Under 50 U.S.C. § 3931, the SCRA allows military members to request a 'stay of proceedings' (a legal pause) for at least 90 days. This prevents a civilian judge at the Norfolk Juvenile and Domestic Relations District Court, Norfolk or the Arlington Juvenile and Domestic Relations District Court, Arlington from issuing a default judgment against you while you are serving overseas.

Step 3: Handling PCS Orders Out of Norfolk or the Pentagon

A Permanent Change of Station (PCS) presents a different challenge than a temporary deployment. If you receive PCS orders moving you out of Virginia, taking your child with you is considered a 'relocation.' To do this, you must file Form DC-630, Virginia, District Court, Motion to Amend or Review Order. Virginia courts will closely examine whether relocating to the new base is in the child's best interests, considering the schools, housing, and the disruption to the relationship with the non-relocating parent.

Step 4: Establishing Temporary Custody Delegations

Before deploying, you should petition the court for a temporary custody order. Under Virginia law, a deploying parent can request that the court temporarily delegate their visitation time to a step-parent, grandparent, or another close family member who has a close relationship with the child. This ensures your child maintains a strong bond with your side of the family while you are away. Under Va. Code Ann. § 20-124.8(C), delegated visitation terminates upon written notice upon your return, and when you file a motion to review or amend the temporary order, the court must give it docket priority and hold a hearing within 30 days to reinstate your pre-deployment custody arrangements.

Step 5: Managing Overseas Time Zones and Electronic Visitation

When creating a temporary deployment order, you must specifically address electronic communication. If you are stationed in Japan or Germany, a standard 'call at 7:00 PM EST' will not work. Your court order should mandate flexibility for Skype, FaceTime, and phone calls across drastic time zone differences. The court will order the civilian parent to reasonably accommodate your military schedule to ensure your bond with the child remains strong.

Step 6: Managing TDY Travel Schedules

Temporary Duty (TDY) assignments can last anywhere from a few days to several months. Frequent TDYs can disrupt a standard 'every other weekend' visitation schedule. You should work with your attorney to build a 'make-up time' clause into your custody agreement. This legally obligates your co-parent to let you make up any missed visitation days upon your return from a TDY assignment, ensuring you do not lose overall parenting time.

How Much Does It Cost to Amend Custody in Virginia?

Modifying a custody order for a deployment involves relatively low court fees, though hiring legal counsel is highly recommended to properly draft the specific military clauses.

How Long Does the Process Take?

Virginia courts understand that military orders are time-sensitive. If you have impending deployment orders, you can file for an expedited hearing. An emergency or expedited temporary custody hearing can often be scheduled within 2 to 4 weeks at your local J&DR court. However, if you are fighting a heavily contested relocation due to a PCS, the litigation process can take 4 to 8 months to reach a final trial.

Frequently Asked Questions (FAQ)