Military service can require you to deploy on short notice. When that happens, you may worry about how your absence affects your custody rights. This blog explains how the law protects your rights as a parent and what your options are.
Understanding federal and state protections
The Servicemembers Civil Relief Act (SCRA) allows you to request a stay of court proceedings, including custody cases, while you are on active duty. However, military status alone does not pause your case. You will need to request a stay by proving your deployment affects your ability to appear in court, which includes submitting a letter from your commanding officer.
Nebraska also adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). Under this law, any custody change during deployment stays temporary, and the original custody order is generally reinstated automatically upon your return without requiring a new court review.
Building a family care plan for your situation
Before you deploy, creating a family care plan is a step worth prioritizing. It outlines who will care for your child during your absence and how you want guardians to manage decisions about education, health care and daily life.
You may also want to work with a civilian attorney to draft a temporary custody agreement. Nebraska law under the UDPCVA specifically allows you to grant custodial responsibility to a close relative, such as a grandparent or sibling, to exercise your custodial time while you serve away from home.
Responding to custody modification attempts
If the other parent seeks a permanent custody change, under both federal and Nebraska law, the court cannot base that decision solely on your military service or deployment. The judge must weigh all other factors affecting your child’s best interests.
At the same time, Nebraska judges pay close attention to the other parent’s actions, because judges consider whether that parent acted fairly or tried to use your absence to gain an advantage. You can strengthen your position by keeping records of your involvement in your child’s life before and during deployment, so you can show that you stayed engaged if a dispute comes up.