Active duty service does not pause the responsibilities or rights of parenthood. When an Ohio parent receives deployment orders, urgent questions follow about who has the child, when contact occurs, and how courts handle parenting time while a parent serves out of state or overseas.
Ohio law recognizes deployment as a unique challenge that can temporarily change a parenting plan. Whether you live in Columbus or serve at Rickenbacker Air National Guard Base or Wright-Patterson, understanding how deployment interacts with custody helps you protect your role and your child’s well-being.
Ohio Law and Deployed Parents
Ohio Revised Code 3109.04(I) limits how deployment can affect permanent custody decisions and allows courts to issue temporary orders that expire shortly after the service member returns. The statute also permits courts to let deployed parents participate by phone or video, where authorized by statewide rules.
For parenting time, ORC 3109.051(M) lets a deploying parent ask for focused, short-term relief that keeps contact going. Courts may allow remote participation in hearings and can order the other parent to facilitate reasonable communication.
Key protections include:
- Courts do not treat deployment itself as a permanent change in circumstances under ORC 3109.04(I)(2).
- Judges may enter a temporary order for the deployment period and should provide for reinstating the old order soon after service ends, unless the child’s best interests require otherwise, per ORC 3109.04(I)(3).
- Deployed parents can take part in proceedings by electronic means when authorized, consistent with ORC 3109.04(I)(4).
- Parenting time may be delegated during active service to a relative or another person with a close, substantial relationship with the child when that serves the child’s best interests, under ORC 3109.051(M)(1)(a).
Visitation During Military Deployment
Deployment often prevents a normal parenting schedule. Even so, courts look for ways to preserve a meaningful bond between parent and child. In Ohio, a court may:
- Adjust parenting time temporarily, consistent with ORC 3109.04(I)(3).
- Allow video or phone contact as virtual visitation, under ORC 3109.051(M)(1)(c).
- Permit substitute time with a trusted relative or closely connected person, under ORC 3109.051(M)(1)(a).
- Provide make-up time after the parent returns, where appropriate, guided by local practice and model schedules.
The Franklin County Domestic Relations Court publishes local rules and a model parenting-time schedule to help parents develop practical plans. These resources reflect the court’s focus on stability for the child and regular contact with both parents.
Can the Other Parent Seek Custody Changes While You Are Deployed?
Not automatically. A court cannot permanently modify custody solely because a parent deploys. To change an existing allocation, the moving party must show a qualifying change in circumstances and that the modification serves the child’s best interests. Deployment itself does not count as that change under ORC 3109.04(I)(2).
That said, problems can arise when communication breaks down or one parent tries to create a new status quo during the other parent’s absence. Courts pay close attention to a deployed parent’s efforts to stay involved and to resume the prior order promptly after returning.
How Temporary Custody Orders Work
If the deployment will last several months or more, the deploying parent can request a temporary order before leaving. A tailored order may:
- Shift physical care to the non-deployed parent during the deployment period.
- Name a trusted relative or closely connected adult for substitute parenting time if the court finds it is in the child’s best interest, per ORC 3109.051(M)(1)(a).
- Set a schedule for phone or video contact and for in-person visits during approved leave, under ORC 3109.051(M)(1)(b) and (c).
A formal order keeps expectations clear and provides a consistent, court-approved structure for the child.
What Happens After Deployment Ends?
When service ends, courts typically reinstate the original custody and parenting-time order. A judge may include transitional steps if the child needs time to adjust. Ohio law prevents a court from penalizing a parent for time lost to military service. It requires quick termination of any deployment-based temporary order unless the child’s best interests point the other way, per ORC 3109.04(I)(3) and (I)(5).
Tips for Parents Facing Deployment
- Review your current custody and parenting-time order.
- File for a targeted temporary modification if you need one.
- Document how and when you will communicate with your child.
- Keep regular contact with your co-parent and the court while you serve.
- Choose a trusted relative for substitute time if appropriate, and propose that plan to the court.
How Franklin County Courts Approach Military Parenting Time
Franklin County Domestic Relations Court handles many cases involving active-duty parents, reservists, and Guard members. Local rules and the model schedule provide structure that can be tailored to military life, including remote communication and predictable exchanges. Mediation may also help parents resolve issues quickly and reduce conflict.
A Note on Federal Protections
The Servicemembers Civil Relief Act, or SCRA, provides additional protections that can affect case timelines and default judgments while you are on active duty. Coordinate any SCRA request with your attorney so court schedules and obligations align with your orders.
Trusted Counsel for Military Parents in Ohio
At Lawrence Law Office, we have worked with many families in the Columbus area facing the challenges of military service. Whether you are preparing for deployment or returning from overseas, our team can help you protect your parenting time and navigate Ohio’s legal process with confidence.
With over 63 years of combined experience, we understand the impact that military duties can have on parenting rights. Linda Lawrence is a Board Certified Family Law Specialist through the Ohio State Bar Association. She has served as a Guardian Ad Litem, appointed by the Ohio Supreme Court to represent children’s interests in high-conflict custody cases.
To speak with an attorney who understands both the law and the unique needs of military families, call 614-362-9396 today.
