Legal Information: California
Updated: February 16, 2022
Can a parent modify an order due to military duty?
A parent’s absence, relocation, or failure to follow a custody or visitation order due to activation to military duty or temporary duty, mobilization in support of combat or other military operation, or military deployment out of state is not enough, by itself, to justify a modification of the order.1 However, if the military assignment requires a parent who has sole or joint physical custody to move a significant distance from his/her home or otherwise has a significant effect on his/her ability to use his/her custody or visitation rights, the order can be modified.2
1 Ann.Cal.Fam.Code § 3047(a)
2 Ann.Cal.Fam.Code § 3047(b)(1)
WomensLaw serves and supports all survivors, no matter their sex or gender.
© 2008–2023 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.