Child Custody and Deployment: How Maryland Courts Handle Parenting Plans for Military Families
Maryland is home to a significant military population, with installations like Fort Meade, Andrews Air Force Base, and Naval Support Activity Bethesda drawing service members and their families across the state. When a parent who is also a service member is facing deployment, the question of how existing custody arrangements will work during the absence is one of the most pressing issues that family can face. Fortunately, Maryland law provides specific protections designed with exactly this situation in mind.
What Maryland Law Actually Says About Deployment and Custody
Under Md. Code, Family Law § 9-108, Maryland courts must specifically address deployment when entering or modifying a custody or visitation order for a military parent. The statute sets out concrete requirements that any deployment-related order must include. The non-deploying parent must reasonably accommodate the deployed parent’s leave schedule, facilitate telephone and electronic communication between the deployed parent and the child during the deployment, and the deployed parent must provide timely information about their leave schedule to the other parent.
These are not optional suggestions. They are mandatory components of any order entered in connection with a deployment, and they reflect Maryland’s recognition that a parent’s military service should not sever their relationship with their child.
Temporary Orders vs. Permanent Changes
One of the most important protections Maryland provides military parents is the rule against using deployment as a basis for a permanent custody modification. Courts may issue temporary orders to reflect the practical reality of a deployment, but those temporary changes are not intended to last beyond the service member’s return.
When a deployed parent returns, Maryland law gives them 30 days to petition the court for modification of an existing custody or visitation order. Filing within that window entitles the returning parent to an expedited hearing, which is a meaningful protection given how quickly custody situations can shift in the months a parent has been away.
This framework reflects a key principle: a parent’s military service is not a reason to reduce their parenting rights. Temporary absence for deployment is treated as exactly that, temporary, rather than as a change in circumstances that justifies a permanent restructuring of custody.
Practical Elements of a Military Parenting Plan
Families with one or more military parents often benefit from thinking through their parenting plans more specifically than civilian families need to. A few elements that frequently come up in Maryland military custody planning include:
- How parenting time adjusts when the service member is on leave but not officially off duty
- What communication schedule will be in place during deployment, including video calls and messaging
- How decisions about the child will be made when one parent is unreachable
- Who handles day-to-day caregiving on the non-military parent’s behalf if they also work long hours or travel
The Servicemembers Civil Relief Act also provides additional federal protections, including the ability to request a stay of court proceedings if military duties prevent a service member from participating.
Talk to an Attorney About Your Family’s Situation
Military custody situations in Maryland involve both state law and federal protections, and getting the parenting plan right from the beginning can prevent conflict later. Our Columbia child custody attorneys understand the specific challenges military families face in Maryland. Reach out to the Law Office of Vanessa R. Dozier, Esq. to schedule a confidential consultation about your custody case.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl§ion=9-108