Custody

Sometimes, a parent in the military may need to temporarily move away from home as part of their job. We will use the term deployment, but this might also apply if the parent is moving for temporary duty or other mobilization orders.

If the deploying parent has sole or primary physical custody, the judge can issue a temporary order if:

• the parent is being deployed to somewhere far from home; and
• deploying has a major effect on that parent’s ability to carry out their custodial responsibilities.¹

The temporary custody order will end within ten days of the parent’s return. The order will require that:

• the deployed parent gives the non-deployed parent timely information about their leave schedule; and
• the non-deployed parent:
  
  • makes the child “reasonably available” to the deployed parent during their leave; and
  • helps the child stay in touch with the deployed parent through phone calls, video chats, and e-mail.²

If the deploying parent has visitation rights, some or all of their visitation rights can be given to a family member if:

• the parent will be deployed to somewhere far from home;
• deploying has a major effect on their ability to use their visitation rights; and
• the family member has a “close and substantial relationship” to the child.³

For these purposes, a “family member” could be anyone related to the service member by blood or marriage. This may include a step-parent, grandparent, aunt, uncle, or adult sibling, among others.⁴

¹ Miss. Code § 93-5-34(3)
² Miss. Code § 93-5-34(3)(a), (3)(c)
³ Miss. Code § 93-5-34(4)
⁴ Miss. Code § 93-5-34(2)(d)