If you have received orders to deploy, you likely have a thousand things on your mind. For fathers, the biggest worry is often the stability of their relationship with their children. Can the other parent take full custody just because they are being deployed overseas?
The short answer is no. Nebraska law understands that your absence is involuntary and in service to the country. While deployment requires temporary adjustments to your schedule, it does not mean it forfeits your rights as a father.
How courts consider military service in custody hearings
In the past, there was confusion over how to handle custody when one parent was sent away for months at a time. In some cases, it has led to permanent custody changes based solely on a father’s temporary absence.
However, in 2016, Nebraska adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This law provides clear rules so that no party can use deployment as the sole reason to permanently modify child custody.
While the court may issue a temporary order to ensure your child has a stable home base while you are overseas, this order is simply a placeholder. It is not a permanent replacement of your rights.
Granting caretaking authority
One of the most important tools in the UDPCVA is the ability to request a “Grant of Caretaking Authority.” If you cannot exercise your parenting time because you are overseas, you can ask the court to grant your visitation time to a trusted family member, such as a grandparent or stepparent.
Securing this order can be critical because it:
- Helps your child maintain a bond with your side of the family, ensuring your presence is felt even when you are away
- Preserves the routine, making it easier for your child to transition back to the normal schedule when you return
However, take note that this is not something you can just “sign over” on your own. It typically requires a mutual agreement with the other parent or a judge’s approval. An attorney can help you properly present your request to the court.
What happens when you return home?
Generally, the custody arrangement you had before you left will snap back into place once your deployment ends. However, this is not automatic. You must trigger the process by formally notifying the other parent and the court of your return.
While there is no strict statutory deadline to file this notice, the temporary order does not end until you do. To avoid unnecessary delays, it’s advisable to file this notice as soon as you return.
Clarity creates peace of mind
Having to leave your children to serve is difficult enough without having to worry that the other parent may have grounds to seek a permanent change in custody. A formal court order can remove the guesswork. If you have questions about paternity and custody protections, it helps to get advice and representation from an experienced attorney before you leave.