Ask not what your country can do for you; ask what you can do for your country  – John F. Kennedy. As a military service member facing a military deployment. To say you are doing a lot for your country is a severe understatement. And, as a military parent, deployment poses enough issues without having to worry about how it might affect the current custody, visitation, and support arrangement regarding your minor child(ren).  Fortunately, when military deployment is an issue, the Military Parent Equal Protection Act, S.C. Code Ann. § 63-5-900 through 950 (2009) provides special custody, visitation, and support rules.

Military Service

For active duty personnel, “military service” means a military deployment that does not permit a family member to accompany the parent on the deployment. For members of the National Guard, it means a call to active service for a period of more than thirty days. Furthermore, See S.C. Code Ann. § 63-5-910(A)(1) & (2) (2009).

Having No Visitation or Custody Order

If you currently have no visitation or custody order in place. The family court must expedite a temporary hearing upon the motion of either parent. To establish temporary custody or visitation, support, or other appropriate relief.

Having an Existing Custody or Visitation Order

If you have an existing custody or visitation order. The existing child custody or visitation order can be temporarily modified to make reasonable accommodations because of the military service.

Temporary Modification for Military Parent

However, the temporary modification “automatically terminates when the military parent is released from service,” and the original order is automatically reinstated. S.C. Code Ann. § 63-5-920(B) (2009). Moreover, if deployment is necessary before a court hearing can be held, the parents are “encouraged to negotiate mutually agreeable arrangements prior to mobilization.”

Furthermore, there is even statutory language requiring the parents to cooperate with each other.  S.C. Code Ann. § 63-5-940(A) & (B) (2009). Moreover, In the event either parent does not provide reasonable accommodation. The family court may consider that behavior when awarding attorneys’ fees and costs.

Hopefully, it helps to know that a special circumstance, such as deployment, calls for special rules in either situation.

Schedule an appointment with us today.  To learn how we can help you through this process, 864-804-6330

Prev Post

Series on Child Custody: Part Three, Guardians Ad Litem

Next Post

Military Divorce: Military Retirement Benefits

News Feed