As a military parent, it can be hard to schedule visitation rights with your child because of deployment and training issues. The military sets a specific number of leaves for you, which they can alter or cut short. You do not have the luxury of rescheduling or waiting another time to see your kids. So, it can be frustrating when your ex-spouse intentionally schedules activities or family outings during your visitation time.
What can you do when this happens regularly or becomes a pattern?
Ask for help from the court
Document the pattern of interference or willful non-compliance on the part of your ex-spouse to support your case and consider the following legal options:
- Ask the court to uphold your visits: File a motion to make your ex follow the schedule. The court can punish them if they do not comply.
- Change the custody deal: Ask the court to update the agreement. Add rules for make-up visits that fit your military duties.
- Plan catch-up visits: Request extra time with your kids to make up for missed visits during deployment. Set these for when you are on leave or have free time.
Washington has also adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). Among its provisions include:
- Allowing temporary modifications to custody orders to accommodate deployment orders.
- Military parents can delegate visitation rights to a family member or guardian.
- Courts cannot use a service member’s deployment against them when creating custody orders.
It also provides communication between the military parent and the child during deployment. It makes clear that any temporary provision in the custody order or custodial rights during deployment reverts to the original agreement upon the servicemember’s return.
Duty and service
Your service to your country does not have to conflict with your parental duty. You can perform both without having to sacrifice the other. Consider talking to a lawyer if you need more guidance or clarification.