| I have been deployed to Afghanistan, am I going to | | | | do this in those cases in which it is determined with |
| lose my visitation rights? | | | | "clear and convincing" evidence that the temporary |
| When in active military service, the non-custodial parent | | | | modification or amendment is in the best interests of |
| should not be worried about losing his or her visitation | | | | the child. |
| rights. In the majority of the states, the law provides a | | | | Once the court is convinced that an amendment of |
| protection to the distant parent serving in the military. | | | | the custody and visitation judgment is in the child's best |
| After all, aren't these people serving our country? The | | | | interests, the court will then appoint an attorney to |
| last thing they need is to lose their children now. | | | | represent the child. The court will then hear from the |
| During the period of time that a parent is activated, | | | | attorneys of the other parent and child. When |
| deployed or temporarily called to active military service, | | | | modifying a custody or visitation schedule, in these |
| that parent's custody and visitation rights deserve to | | | | circumstances, courts very often establish, if it is |
| be protected. | | | | feasible, a new plan to preserve contact between the |
| State governments have chosen to enact laws to | | | | child and the deployed parent. A plan of this type may |
| prevent the other parent from taking over all the | | | | include a precise schedule of telephone calls, webcam |
| military parent's rights over their children. State courts | | | | conferences, and any other means available, to help |
| are prohibited from issuing any permanent orders, | | | | preserve the existent paternal-child relationship while |
| modifications or amendments, in the absence of a | | | | the parent is away. |
| military parent in active service, simply because he or | | | | If the temporary custody or visitation order is issued, a |
| she is away. The parent at home cannot simply show | | | | court hearing must be held upon the return of the |
| up in court and demand sole custody of the child, just | | | | parent form active military service, deployment or |
| because of the fact that the other parent has been | | | | temporary assignment. This hearing should be |
| assigned to military service. This of course, | | | | requested by the other parent. At the hearing, the |
| presupposes that there is a child custody order and | | | | court will have to determine if according to the current |
| visitation scheduled already effective. | | | | circumstances, is it best for the child to go back to the |
| It is recommended in these situations that the military | | | | original order or should it be remain the same. |
| parent presents to the court an exact copy of his or | | | | Custody and visitation laws like this are in most cases |
| her military orders. The court may then issue a | | | | applicable to military assignments of no more than 3 |
| temporary order to modify or amend the custody and | | | | months. For permanent duty stations or permanent |
| visitation schedule to adjust to the fact that he or she | | | | changes of station, you must consult a local attorney. |
| will be absent for a period of time. The court will only | | | | |