Military Custody and Visitation: Problems and Solutions in the Twenty‐First Century

Abstract

Custody and visitation cases involving military personnel bring a new level of complexity to an area which is already very difficult for judges. Several states have already taken action to provide tailored and specific protections for military families facing visitation and custody disputes. A significant improvement is the publication of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This article explores the contents of the UDPCVA and explains how judges can use it to resolve custody and visitation cases involving military parents. It explains the definitions used in it, the rules for delegated visitation rights and communication during deployment, the requirements as to custody jurisdiction, priority calendaring and testimony by telephone or internet. It discusses how the Act covers cases where the terms are written into a settlement and where the parties litigate some or all of the issues. The Act bars courts from using past or future deployments against a servicemember unless there are substantial issues regarding the child's best interest. Finally it explains how the court can terminate the provisions for military custody and visitation upon the ending of deployment and how the parents can accomplish this by agreement. Key Points for the Family Court Community Encourages the parents to reach enforceable agreements on custodial arrangements and communications during deployment; Protects the residence of the deploying parent, thus discouraging interstate jurisdiction litigation; Establishes prompt procedures and electronic testimony to assist in moving the case forward and not impairing the planned deployment; Allows judges to grant delegated visitation rights to family members who have a close relationship with the child, so long as this is in the child's best interest; and Promotes an expeditious and fair resolution of custody and visitation issues in the face of an impending deployment or after a deployment has ended by protecting the rights of the deploying parent, the nonmilitary parent and—above all—the best interest of the children involved.