Legal Information: California


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September 12, 2023

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 the Internet (for example), if these are reasonably available to the judge and the process is fair to all parties.1

1 Ann.Cal.Fam.Code § 3047(c)

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