Courthouse, Virginia · Military Divorce
If you are a service member in the Courthouse area of Arlington worried a deployment will cost you time with your children, hold onto this: Virginia law does not let a deployment, by itself, be used to take away your custody or parenting time. You can delegate your time to a trusted family member while you are gone, and you can ask the court to settle things before you leave. If orders are looming while your family is changing, let me walk you through the protections gently.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger military divorce guide. For the full picture, start with our cornerstone, Military Divorce in Virginia. Here, I will focus on deployment and the parenting plan that protects your time.
The worry that arrives with the orders
When deployment orders come, a parent’s mind goes straight to the children. Who will they be with. Will the months away be held against me. Will my place in their lives still be there when I return. Those questions are heavy on their own, and heavier when you are also preparing to serve, perhaps overseas. Virginia law takes that worry seriously and builds in protections made specifically for parents who deploy. Let us walk through them together. You can read more on our deployment and parenting plans page.
A deployment cannot count against you by itself
Under Va. Code § 20-124.7, a parent’s deployment, past or future, cannot be the sole factor a court uses to decide custody. The law refuses to treat your service as proof you are an absent parent. That protection matters because it stops the other side from quietly turning your duty into the argument against you. We make sure the court understands your deployment for what it is, a temporary absence in service, not a gap in your devotion to your children.
Delegating your parenting time while you serve
Here is a protection that brings real comfort. When deployment makes it impossible to exercise your parenting time, Virginia allows the court to delegate that time to a family member with a close bond to your child, such as a grandparent or your spouse. Your child keeps their connection to your side of the family while you are away, and your place is held until you return. For a parent who cannot be there in person, knowing the bond continues is no small thing.
Plan the Homecoming, Not Just the Goodbye
Good deployment parenting plans look past the departure to the return. They set how parenting time resumes when you come home, so reintegration is gentle for the child rather than abrupt. Children need a predictable path back to the deployed parent, and a thoughtful plan builds it in advance. We draft for the whole arc of a deployment, departure, absence, and homecoming, because all three shape your child’s experience.
Deployment coming and worried about your children?
Tell me your timeline and your custody situation, and I will help you build a plan that protects your time. No pressure, no commitment.
Settle it before you go
Deployments do not wait for a court docket, so Virginia lets a deploying service member request an expedited hearing. Custody and parenting time can be settled before you leave, rather than left hanging while you serve. We move quickly when orders are pending, because the timeline that matters is the one your command sets. Walking onto the plane with your parenting arrangement resolved is far better than carrying that uncertainty through every day away.
Parenting from another time zone
When you are stationed or deployed overseas, staying close to your child can mean a video call squeezed between duty hours, across a time difference that turns bedtime here into the middle of your workday there. A thoughtful plan builds in virtual visitation, flexible time during leave, and clear communication so your child still hears your voice and sees your face. Distance reshapes parenting time, but with planning it does not have to break the bond. We write plans that keep you present across any number of miles.
When you are the parent at home
If you are the parent holding things together while your co-parent deploys, these same rules shape your family too. The goal is not to use the absence as a weapon, but to keep the children steady through the goodbye, the months apart, and the return. A plan everyone understands in advance spares the children from confusion each time duty calls. We represent parents on both sides, and the focus stays on what gives the children security.
How we help in the Courthouse area
We protect your parenting time from the misuse of deployment, build delegation, virtual visitation, and a homecoming plan into your order, and move fast when orders are pending. Courthouse area military custody matters are handled through the Arlington Circuit Court and the area’s family courts, and we serve service members and spouses across the Courthouse area and the surrounding Arlington communities. You can read more on our deployment and parenting plans page.
“A deployment is a temporary absence in service, not a gap in your parenting. The law sees the difference, and so do we.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Honest Counsel
Ask for an expedited hearing and settle custody before you deploy, because resolving it early spares you months of worry while you serve. Build delegation into the order so your family keeps your child close while you are gone. And plan the homecoming, not just the goodbye, since a clear path back protects your child and your bond when you return.
Address deployment in the parenting plan before the orders take effect, and your service becomes something your family navigates together rather than something that costs you your children.
Authoritative References
Sources
- Code of Virginia, § 20-124.7. Provides that deployment may not be the sole factor in a custody decision, permits delegation of visitation during deployment, and allows expedited hearings.
- Code of Virginia, § 20-124.2. The best interests of the child standard governing custody and visitation in Virginia.
- Department of Defense Family Care Plan requirements. Require certain service members to designate caregivers during deployment; these plans do not bind a family court.
- Arlington Circuit Court and area courts. Handle military divorce and custody matters for families in the Courthouse area.
Federal and Virginia authority verified as of June 2026. Every military divorce turns on its own facts; confirm current rules for your situation.
Frequently Asked Questions
Can my deployment be used against me in custody?
No. Under Va. Code 20-124.7, a deployment, past or future, cannot be the sole factor a court uses to decide custody against a service member parent.
Can I give my parenting time to a family member while deployed?
Yes. Virginia allows the court to delegate your parenting time during deployment to a family member with a close relationship to your child, such as a grandparent or your spouse.
Can I resolve custody before I deploy?
Often yes. A deploying service member can request an expedited hearing so custody and parenting time are addressed before departure rather than left unresolved.
How do we keep my child connected during an overseas deployment?
A thoughtful plan builds in virtual visitation, flexible time during leave, and a clear homecoming arrangement so the bond holds across the distance and time difference.
When You Are Ready
Let’s protect your time with your children in the Courthouse area.
Tell me your deployment timeline and your custody concerns, and I will help you build a plan that holds through the goodbye and the homecoming. The first call is a warm, no pressure conversation.