Military Deployment and Child Custody in Columbus, Ohio: Can a Relative Exercise Parenting Time Instead of the Other Parent?

Military service creates unique challenges for divorced and separated parents. One question we frequently hear at our Columbus, Ohio family law office is:

If a parent is deployed, can that parent give their parenting time to a grandparent, aunt, uncle, or another family member instead of the other parent?

The answer is: sometimes, but not automatically.

Ohio Law Specifically Addresses Military Deployments

Ohio has enacted protections for military parents so that deployment does not unfairly interfere with their relationship with their children.

Ohio Revised Code Section 3109.051(M)(1) provides:

"[The court may issue] an order delegating all or part of the parent's parenting time rights to a relative or another person who has a close and substantial relationship with the child, if the delegation is in child's best interest."

The same statute also allows courts to order:

• Parenting time when the deployed parent is on military leave;

• Telephone, video, and electronic communication between the deployed parent and the child; and

• Other temporary arrangements during the deployment.

Does a Relative Automatically Receive Parenting Time?

No. This is probably the biggest misconception we encounter. The law does not say that a deployed parent can simply transfer parenting time to another person. Instead, the court must determine whether doing so is in the child's best interest. For example, if a parent is deployed overseas for a year and the other parent lives in Columbus and is actively involved in the child's life, the court may determine that it is better for the child to spend additional time with the available parent rather than a third party. Every case is different.

Ohio Courts Still Favor Decisions That Serve the Child's Best Interests

Even though military parents receive statutory protections, courts must still address practical realities. Questions the court may consider include:

• Does the child have a strong relationship with the proposed relative?

• How involved is the other parent in the child's life?

• How long will the deployment last?

• Will changing the schedule disrupt school or extracurricular activities?

• What arrangement will provide the most stability for the child?

There is no automatic formula.

Military Service Cannot Be Used to Punish a Parent

Serving in the military is not a reason to permanently take away custody rights. A parent should never be penalized simply because they received deployment orders. However, courts are also tasked with creating parenting schedules that actually work in the real world. If a parent will be stationed outside Ohio for many months, a prior 50/50 schedule may no longer be practical during the deployment period. That does not mean the deployed parent loses their rights. It means the court may need to temporarily restructure parenting time while preserving the deployed parent's relationship with the child.

What Happens If There Is Already a Shared Parenting Plan?

This issue frequently arises in Columbus divorce cases involving shared parenting plans. Many shared parenting plans were created with the assumption that both parents would remain in central Ohio and exercise relatively equal parenting time. Military deployments can significantly change those assumptions. Depending on the circumstances, one parent may ask the court to:

• Modify the parenting schedule;

• Modify school placement;

• Establish temporary orders during deployment; or

• Recalculate child support if parenting time substantially changes.

Child Support May Also Change

A significant change in parenting time can affect child support. If one parent begins caring for the child substantially more often than contemplated under the existing order, either parent may file a motion asking the court to recalculate support. Each case is unique, and courts will evaluate the actual circumstances rather than relying solely on the prior parenting schedule.

The Bottom Line

Military deployment cases are rarely as simple as people think. Many parents incorrectly assume one of two things: "The other parent automatically gets all the time." Or: "The deployed parent can simply give all of their parenting time to a family member." Neither statement is entirely accurate. Ohio courts attempt to balance several competing interests:

• Protecting the rights of military parents;

• Preserving the child's relationship with both sides of the family;

• Providing stability for the child; and

• Ensuring decisions are made in the child's best interests.

If you are facing a military deployment and have an existing custody or shared parenting order, it is important to address these issues immediately instead of waiting until deployment begins.

Military deployment can affect parenting time, school placement, and child support, and early planning often prevents expensive litigation later.

If you are dealing with military deployment, shared parenting, or post-decree custody modifications in Columbus, Franklin County, Delaware County, or anywhere throughout central Ohio, contact our office to discuss your options.