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The Deployment Statute
Using Va. Code 20-124.7 to address custody and visitation tied to the deployment.
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Military Divorce / Deployment and Parenting Plans
Deployment and Parenting Plans · Virginia
Orders take you away. They should not take your child.
A deployment is a temporary absence, not a forfeiture of parenting time. Virginia Code 20-124.7, Family Care Plans, delegated visitation, and expedited hearings exist precisely so a set of orders does not quietly cost you your place in your child's life. We put those protections to work.
First call is a conversation, not a commitment.
The Short Answer
Virginia Code § 20-124.7 addresses custody and visitation when a parent is deployed. It lets a court delegate a deploying parent's visitation to a family member and provide for expedited hearings, so a deployment does not quietly cost a service member their parenting time.
How It Works
A plan for the absence, made before you go.
Deployment is one of the most stressful moments in a service member's family life, and custody fears make it worse. The good news is that Virginia law anticipates this exact situation. Between a statute written for deploying parents, the military's own planning requirements, and a handful of practical tools, a deployment can be handled in advance so it never becomes a custody loss. The key is to plan before the orders take effect, not after.
Virginia Code 20-124.7
Virginia has a statute aimed squarely at deployment, Code § 20-124.7. It allows a court to address custody and visitation issues tied to a parent's deployment, including delegating the deploying parent's visitation to a family member and providing for expedited hearings. The point of the statute is to keep a deployment from being treated as if the parent had simply walked away. It gives the court and the family a framework for a temporary, planned arrangement that ends when the parent returns.
The Family Care Plan
Separately, the military requires service members with dependents to maintain a Family Care Plan, a document for the command that sets out who will care for the children during deployment or other absences. It is not a court custody order, and it does not replace one, but it should line up with the custody arrangement. When the Family Care Plan and the court order say different things, that conflict can create real problems. We make sure the two are consistent.
Delegated visitation
One of the most valuable tools is the ability to delegate a deploying parent's visitation to a family member, often a grandparent, for the duration of the deployment. This keeps the child connected to the deploying parent's side of the family while the parent is away, and it preserves the relationship rather than letting it lapse. The delegation is handled through the court and tied to the deployment period, so it is temporary by design.
Expedited hearings
Military orders rarely respect a normal court calendar. A parent may have only weeks before shipping out, far less time than a typical custody matter takes. Expedited hearings let deployment-related custody and visitation issues be heard quickly, so the arrangement is settled before the parent leaves rather than left hanging while they are gone. Getting in front of the court early is often the single most important step.
The statuteVa. Code § 20-124.7, addressing custody and visitation on deployment.
Family Care PlanA military planning document that should align with the court order.
Delegated visitationPassing a deploying parent's time to a family member during deployment.
Expedited hearingsFaster court dates so the arrangement is set before the parent ships out.
The goalA temporary, planned arrangement that ends when the parent returns.
Plan Before The Orders, Not After
The single biggest mistake is waiting. Military orders move faster than a normal court calendar, so the time to address deployment in the custody arrangement is before you leave, using the tools the law already provides.
Source: Va. Code § 20-124.7. Confirm the current statutory text and procedures as applied to your case.
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about deploying as a parent.
"I lived the deployment cycle as a Navy spouse. The families who do well are the ones who plan the custody piece before the orders, not after."
I know what it is like to watch a deployment reshuffle a whole household, because I lived it. The parents who struggle are almost always the ones who waited, who assumed it would sort itself out, and then found themselves out of time. Virginia gives us real tools here: the deployment statute, delegated visitation so a grandparent can hold that time, expedited hearings when the clock is short. I also make sure the Family Care Plan and the court order actually agree, because I have seen them contradict each other and create a mess. The whole goal is simple. You serve, you come home, and your place in your child's life is exactly where you left it.
Questions Families Ask
Plain answers about deployment and custody.
These are the questions deploying parents ask most about protecting their parenting time. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What does Virginia Code 20-124.7 do for deploying parents?
Virginia Code § 20-124.7 addresses custody and visitation when a parent is deployed. It allows a court to handle deployment-related custody issues, including delegating a deploying parent's visitation to a family member and providing for expedited hearings, so that a deployment does not quietly cost a service member their parenting time.
What is a Family Care Plan?
A Family Care Plan is a military requirement that sets out who will care for a service member's children during deployment or other absences. It is a planning document for the command, and while it is not the same as a court custody order, it should line up with the custody arrangement so the two do not conflict.
Can a deployed parent give visitation to a relative?
Often yes. Virginia law allows a deploying parent's visitation to be delegated to a family member, such as a grandparent, during the deployment, so the child keeps that connection while the parent is away. The arrangement is handled through the court and tied to the deployment period.
How do expedited hearings help with deployment?
Military orders rarely wait for a normal court calendar. Expedited hearings let custody and visitation issues tied to a deployment be heard quickly, before the parent ships out, so the arrangement is settled in advance rather than left unresolved while the parent is gone.
When You Are Ready
Set the plan before you ship out.
Tell us about your orders and your family, and we will put the deployment protections in place so your parenting time is secure while you serve. Three offices across Northern Virginia, one phone number.