Receiving new military orders can raise serious concerns about your child custody arrangement. A relocation or deployment may make it hard to follow your current visitation schedule. If you are a service member, you may wonder what happens to custody when your duties require you to move.
It is important to understand that new orders do not automatically change a custody order. However, they can create a real reason to ask the court to review and adjust the arrangement so it works for your new situation.
Requesting a custody modification
If your orders make your current custody schedule unworkable, you may ask the court to modify the arrangement. Mississippi courts can modify custody or visitation when a material change in circumstances affects your child’s well-being. To make this change, you must show that:
- Your military orders create a real change in circumstances
- The proposed custody change serves the best interests of your child
- The new schedule allows both you and the other parent to maintain a meaningful relationship with the child
If you and the other parent agree on a new schedule, the court may approve the change without a contested hearing. If you cannot reach agreement, a judge will decide how custody should work moving forward.
Options the court may consider for you
Courts try to protect the child’s relationship with both parents whenever possible. If your service requires relocation or deployment, the court may approve temporary changes that help maintain your connection with your child.
For instance, a judge may allow extended visitation during your leave periods or adjust your summer and holiday schedules. Courts may also encourage regular communication through phone or video calls while you are away.
Taking military orders into account
Military orders can arrive quickly, so early planning matters. Reviewing your custody order and discussing possible changes with the other parent can help you prepare for the transition.
An experienced family law attorney can help you present your situation clearly and seek a custody arrangement that protects your role in your child’s life while you serve.