Military service presents unique challenges for child custody in Washington, from deployments to Permanent Changes of Station (PCS). While service members retain the same parental rights as civilian parents, specific legal protections and considerations apply to ensure continuity, fairness, and your child’s best interest.
At Story Law, our Bellevue-based family law attorneys specialize in serving military families—helping you understand how deployment, relocation, and federal protections affect custody, visitation, and parenting plans.
Custody and Deployment: Maintaining Your Parental Rights
When a military parent is deployed or temporarily distant, Washington law recognizes that:
- Residential placement or visitation may pause during deployment; the child stays with the civilian parent temporarily
- Courts are prohibited from treating deployments as a failure to exercise visitation rights, protecting your status even during service
- Temporary custody orders may be issued, but the original schedule must resume within 10 days of your return unless there’s a safety concern
These rules ensure that serving your country doesn’t penalize your parental rights.
Assigning Visitation: Family Care Plans and Delegation
Washington uniquely allows military parents to delegate visitation rights during deployment:
- You may designate a qualified person (e.g., grandparent, sibling) to exercise your residential time with your child
- This delegation doesn’t create independent custody rights—it only applies during your absence
Ensure your Family Care Plan is current and aligns with your court-approved parenting plan—especially when PCS or deployment is involved.
Permanent Change of Station (PCS): Relocation and Custody Modifications
When a service member receives PCS orders:
- 60 days’ written notice must be provided to the other parent and the court if you plan to move with your child
- If the child stays behind, the parenting plan should include:
- Adjusted long-distance visitation schedules
- Regular virtual or in-person communication
- Travel and expense responsibilities clearly assigned
Washington courts work to balance military necessity with stability for your child.
Federal Protections: The Servicemembers Civil Relief Act (SCRA)
The SCRA extends unique protections to active duty service members:
- Military personnel can delay court proceedings—including custody or support actions—until up to 60 days after their active duty ends
- Courts cannot penalize servicemembers for delayed responses caused by deployment
- In some cases, hearing testimony is allowed via phone or video to avoid disruption
These protections prevent legal disadvantages resulting from unavoidable duty obligations.
Modification Standards: Washington’s Military-Sensitive Rules
Under RCW 26.09.260:
- Custody modifications require proof of a substantial change in circumstances. Military service alone doesn’t qualify
- Courts may issue temporary order modifications during active deployment but must revert to the original plan within 10 days of your proper notice
- Periods missed due to military duty aren’t counted against you when assessing visitation history
These regulations ensure fairness for military parents navigating custody disruptions.
Custody Outcomes in Military Divorces
Service members are not automatically denied custody:
- Military parents can hold joint or sole residential placement based on the child’s best interests
- Courts typically favor joint custody unless there are compelling reasons not to—for instance, due to relocation, unpredictable schedules, or safety concerns
- When deployment affects schedule logistics, Story Law works with you to build strong legal grounds to support your custody and visitation claims
Interstate Jurisdiction and UCCJEA Issues
Service members frequently move across state lines:
- Under UCCJEA, jurisdiction stays with the child’s home state, based on where they’ve lived for most of the last six months
- Custody orders from Washington courts must be enforced even when the military parent is stationed elsewhere
- Uniform jurisdiction laws prevent ex-spouses from venue shopping for favorable courts
This creates legal continuity despite frequent relocations.
Special Child Support Considerations During Deployment
Child support for military members may include:
- Interim support automatically based on gross pay and housing allowances prior to a court order
- Delays in accessing financial systems while deployed can impact traditional payment logistics
- Commanding officers may be notified of non-payment—military systems can enforce disciplinary measures to ensure compliance
Legal support from Story Law helps structure dependable payment mechanisms regardless of deployment status.
Why Military Cases Are Different: Key Takeaways
Civilian Custody Rules vs Washington’s Military Exceptions
- Deployment may count as missed visitation → Doesn’t count against military parent’s residential time record
- Modifications need major life changes → Service obligations alone aren’t sufficient grounds for permanent change
- No delegation of visitation rights → Washington allows designated delegates during active military duty
- Scheduling hearings requires appearance → Military parents can attend hearings via video or phone under SCRA protections
While your parental rights are equal, the law recognizes military service changes the custody landscape.
How a Story Law Can Help Military Families
Navigating child custody as a service member requires legal precision:
- Review and update your parenting plan to address deployment and PCS contingencies
- Draft or revise family care plans that correlate with court custodial schedules
- Ensure SCRA protections are applied if hearings conflict with deployment or duty
- Advocate for delegation or visitation flexibility in court when you’re deployed
- Guide modifications or enforcement when custody arrangements are disrupted by military orders
At Story Law, we provide advocacy tailored to military family dynamics in Washington.
