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Legal Information: California

Custody

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Updated: 
January 11, 2024

What happens if a parent cannot attend a hearing due to military duty?

If a person’s deployment, mobilization, or temporary duty will affect his/her ability to be at a regularly scheduled hearing in person, the judge will do either of the following depending on what the parent asks for:

  • move up the hearing to determine custody and visitation issues before s/he has to leave; or
  • allow the parent to present testimony and evidence and participate in court-ordered child custody mediation by telephone, video teleconferencing, or electronic means, if these are reasonably available to the judge and the process is fair to all parties.1

1 Cal.Fam.Code § 3047(c)