English
EspañolIf I don’t have a custody order, can I get one before a parent deploys?
If you don’t already have a custody and visitation order, either parent can ask the court to set one before a parent deploys or mobilizes. In the paperwork, you need to clearly state that the case is about a military deployment and include details about the deployment.1 The court will quickly schedule a hearing to make a temporary order. This lets the deploying parent spend time with the child and share important information.2
1 N.H. Rev. Stat. § 458-E:6(II)
2 N.H. Rev. Stat. § 458-E:6(I)
Can a parent change a custody order due to military duty?
If a parent is being deployed and has to be separated from her/his child because of it, the court cannot permanently change the existing custody or visitation arrangement until at least 90 days after the deployment ends. The only exception is if the deployed parent agrees to the change.1
However, if either parent asks, the court can temporarily change custody or visitation while the parent is deployed or mobilized when the military parent:
- has primary custody, shared custody, or visitation rights under a court order;
- has been notified that they will be deployed or mobilized soon; and
- will be unable to care for or spend time with their child.2
Requests to change custody or visitation because of deployment should be heard as quickly as possible and treated as a top priority by the judge.3 If the judge thinks it is in the best interest of the child, a temporary order may require the parent who is not deploying to:
- make sure the child is available to the deploying parent when the deploying parent has time off;
- help arrange ways for the deploying parent to stay in touch with the child, like phone calls, emails, or other contact during the deployment; and
- not use changes in deployment dates to stop contact between the deploying parent and child.4
1 N.H. Rev. Stat. § 458-E:2
2 N.H. Rev. Stat. § 458-E:3(I)
3 N.H. Rev. Stat. § 458-E:3(II)
4 N.H. Rev. Stat. § 458-E:3(VI)
Can a parent who is deployed give his/her visitation rights to a family member?
If the deploying parent requests it, the court may allow his/her parenting time to be delegated temporarily while s/he is deployed, to:
- a family member;
- someone s/he lives with; or
- someone who has a close relationship with the child.
The court must decide that this is in the child’s best interest. However, this arrangement ends when the temporary order is no longer in place, and the other person does not gain permanent parenting rights.1
1 N.H. Rev. Stat. § 458-E:3(IV)
What happens if a parent can’t attend a hearing due to military duty?
If it’s hard for a parent to attend a hearing because of a deployment, the judge can let that parent give testimony and present evidence by phone or video. The parent asking for this must give enough notice and have a good reason.1
1 N.H. Rev. Stat. § 458-E:5
What happens to my temporary custody order when the deployed parent returns?
The temporary order must have a transition schedule to help you go back to your original custody and visitation order as soon as possible after the deployed parent returns. This schedule should be made with the child’s best interests in mind.1
Your temporary order must state when the deployment ends and the transition schedule begins. If the deployment is extended, the order will continue until the extended deployment ends. The transition schedule will start after that. The non-deployed parent must inform the court if the deployment is extended.2
When the transition schedule is over, the temporary order will end, and your original order will go back into effect.3
1 N.H. Rev. Stat. § 458-E:3(III)(a)
2 N.H. Rev. Stat. § 458-E:3(III)(b)
3 N.H. Rev. Stat. § 458-E:3(III)(c)
