For service members stationed in Island County and across Washington, deployment is a regular part of life. While serving your country is a priority, you may worry that being away will hurt your relationship with your children. State law provides specific protections to ensure your military service does not cost you your parental rights.
Protection from permanent changes
A common fear for those on active duty is the potential for an ex-spouse to use a deployment to change a custody order permanently. Fortunately, Washington law prevents this. The court cannot use your absence due to military orders as the only reason to change a permanent parenting plan.
If your deployment requires a shift in where the children live, the court will only issue a temporary order. Once you return home, you have 10 days to notify the other parent. You then have the right to get your original schedule back after a reasonable time.
Delegating your visitation time
Military parents in Washington have a unique right that many civilians do not. If you are deployed, you can ask the court to let a family member take over your visitation time. This means your children can continue to spend time with their grandparents, a stepparent or a sibling while you are away. This delegated visitation helps maintain your children’s bond with your side of the family and continue being supported during your absence.
Pausing legal proceedings
If your co-parent tries to start a legal battle while you are at sea, the Servicemembers Civil Relief Act (SCRA) is your primary defense. This federal law allows you to pause a court case if your military duties prevent you from appearing. You have the right to focus on your mission without worrying about a judge making a final decision on your kids while you are unable to attend the hearing.
Securing your family’s future
Deployment adds stress to any family, but it should not lead to the loss of your parental rights. Success in military co-parenting comes down to using the protections already in place. By setting up a clear plan before you leave, you can help ensure your children stay connected to you, no matter where your orders take you.