It used to be that parents who were active members of the armed forces and deployed were often at a significant disadvantage in custody and visitation cases. However, Connecticut has recently passed legislation designed to minimize the disruption to parents and children caused by deployment.
The new law establishes requirements for three different situations:
1. Stops final action on a pending Modification of Custody or Visitation. When a parent is required to be separated from their child(ren) because of deployment and a Motion for Modification has already been filed, then the judge cannot decide the Modification until 90 days after the deployment ends. This allows the deployed parent to actively participate in the proceeding and insures that their absence cannot be the sole basis for modifying orders.
2. Allows for temporary adjustment of existing orders. The non-deploying parent will be required to make the child available when the deploying parent has military leave and make sure that there are opportunities for telephone and e-mail contact.
3. Pendente lite or orders or if no orders exist. If orders have been issued while litigation is pending (pendente lite) or if no orders have ever been entered, then the Court must create orders when it appears that deployment is imminent. This to make certain that the deploying parent has access to their child(ren) and to set forth other rights and duties during their active service.
These cases are to be given priority on the docket.
Good stuff.