Yes, custody arrangements can be temporarily modified during deployments to accommodate the service member’s absence while prioritizing the child’s best interests.
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Understanding Custody Modifications During Deployment
Deployments can significantly impact a parent’s ability to fulfill their custody responsibilities. Courts recognize these challenges and allow for temporary custody modifications to ensure stability for the child. Upon the service member’s return, custody arrangements may be revisited and potentially restored to the original terms.
Legal Context for Custody Modifications During Deployment
In Illinois, temporary custody modifications during deployment are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) and federal protections under the Servicemembers Civil Relief Act (SCRA).
Key Points About Deployment and Custody:
- Temporary Nature:
- Modifications made due to deployment are temporary and designed to expire upon the service member’s return.
- Best Interests of the Child:
- Courts prioritize the child’s well-being when determining alternative arrangements during deployment.
- Delegation of Parenting Time:
- A deployed parent may delegate their parenting time to a designated relative or another suitable individual if agreed upon by the court.
- Post-Deployment Review:
- After deployment, custody arrangements can be revisited to reflect the service member’s availability.
Example Scenario:
A deployed parent may request that their parenting time be temporarily assigned to the child’s grandparents, ensuring the child maintains a connection to the service member’s family.
Steps to Modify Custody During Deployment
- File a Petition for Modification:
- Submit a formal request to the court outlining the need for temporary custody changes due to deployment.
- Provide a Deployment Schedule:
- Include documentation of the deployment orders and expected duration.
- Propose Alternative Arrangements:
- Suggest temporary custodial arrangements or delegation of parenting time to ensure continuity for the child.
- Attend Court Hearings:
- Work with your attorney to present the proposed modifications and demonstrate how they align with the child’s best interests.
- Revisit Custody Post-Deployment:
- File a motion to restore the original custody terms or propose new arrangements based on the service member’s availability.
How Attorneys Can Help
An experienced family law attorney can:
- Advocate for temporary custody modifications that protect the service member’s rights and the child’s well-being.
- Assist in filing petitions and providing necessary documentation to the court.
- Negotiate alternative arrangements with the other parent to avoid unnecessary conflict.
- Guide post-deployment reviews to restore or adjust custody arrangements.
Need Help With Custody Modifications During Deployment?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate custody modifications to ensure the best outcome for you and your child during deployment.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
