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Legal Information: California

Custody

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Updated: 
April 4, 2019

If the order is modified due to a custodial parent’s military duty, what happens when the parent returns?

If a custody order is modified based on the reasons mentioned in the question above, the modification of the order will be considered a temporary custody order that will be reconsidered upon the person’s return. The judge will assume that the temporary, modified custody order will change back to the original order that was in place before the modification (unless the judge determines that it is not in the best interest of the child).1 In the temporary custody order, the judge should do whatever is appropriate to make sure that the moving parent can keep regular and continuing contact with the child in reasonable ways.2

1 Ann.Cal.Fam.Code § 3047(b)(1)
2 Ann.Cal.Fam.Code § 3047(b)(3)(A)