One of the most frequent fears for a service member facing deployment is that their absence will be used against them in a future custody battle. Ohio law is very clear on this point: military service, including past, present, or potential future deployment, cannot be the sole factor used by a court to justify a permanent change in child custody.
Deployment is Not a Change in Circumstances
Under Ohio Revised Code 3109.04(I), the court is prohibited from finding that active military service constitutes a “change in circumstances” that would allow for a permanent modification of a custody decree. This is a critical protection. It means that while you are away, the other parent cannot simply file for permanent full custody based on the fact that you are currently unavailable to parent.
Creating a Temporary Custody Order
When a parent is called to active duty, the court can issue a temporary order to address the child’s care during the deployment period. This order is designed to be flexible and protective of the service member’s rights.
- Expedited Hearings: Ohio law requires courts to handle military custody cases expeditiously. If a service member receives orders, the court must hold a hearing within 30 days of the application to ensure a temporary plan is in place before the parent leaves.
- Duration and Reinstatement: A temporary order issued due to deployment must state clearly that it is temporary. By law, the original custody order must be reinstated within 10 days after the service member notifies the court and the other parent that their deployment has ended.
- Burden of Proof: If the non-military parent wishes to prevent the reinstatement of the old order, they carry a heavy burden. They must prove that returning to the previous arrangement is not in the best interest of the child.
Delegating Visitation Rights
A unique and valuable feature of Ohio’s military custody law is the ability of a deployed parent to delegate their parenting time. Under ORC 3109.051(M), a parent who is called to active service may move the court to allow a relative or another person with a close relationship to the child to exercise visitation on their behalf.
This is frequently used to allow grandparents, aunts, or uncles to maintain the child’s connection to the deployed parent’s side of the family. The court will generally approve these requests as long as the substitute visitation is deemed to be in the child’s best interest. It ensures that the child continues to feel the support of their extended family while their parent is serving overseas.
Maintaining the Bond: Virtual Visitation
Modern technology has changed the face of military parenting. Ohio courts are increasingly receptive to including “virtual visitation” in temporary orders. This can include:
- Mandated times for video calls via platforms like FaceTime or Zoom.
- Access to school portals and medical records so the deployed parent can stay informed.
- Provisions for the non-military parent to facilitate regular electronic communication without interference.
Federal Protections: The Servicemembers Civil Relief Act (SCRA)
In addition to state laws, the federal Servicemembers Civil Relief Act (SCRA) provides an extra layer of defense. If a custody or divorce case is filed against you while you are deployed, the SCRA allows you to request a “stay” (a pause) of the proceedings for at least 90 days if your military duties prevent you from appearing in court. This prevents default judgments from being entered against you while you are unable to defend your parental rights.
How KRK Family Law Supports You
The intersection of military regulations and Ohio family law is complex. Whether you are the service member preparing for a remote tour of duty or the spouse staying behind to manage the household, you need a legal strategy that prioritizes stability.
At KRK Family Law, we assist with:
- Drafting comprehensive Family Care Plans that align with court orders.
- Filing for expedited temporary custody modifications before deployment.
- Navigating the reinstatement of orders upon your return to Ohio.
- Protecting your parental rights against unfair “change in circumstances” claims.
Deployment is a time of immense transition for a child. By establishing a clear, court-sanctioned plan before you leave, you can focus on your mission knowing your relationship with your children is legally protected.
If you have received deployment orders or are a military spouse facing a custody dispute, contact us today to schedule a consultation with an experienced Ohio attorney.