Custody

If a parent is being deployed and has to be separated from her/his child because of it, the court cannot permanently change the existing custody or visitation arrangement until at least 90 days after the deployment ends. The only exception is if the deployed parent agrees to the change.¹

However, if either parent asks, the court can temporarily change custody or visitation while the parent is deployed or mobilized when the military parent:

• has primary custody, shared custody, or visitation rights under a court order;
• has been notified that they will be deployed or mobilized soon; and
• will be unable to care for or spend time with their child.²

Requests to change custody or visitation because of deployment should be heard as quickly as possible and treated as a top priority by the judge.³ If the judge thinks it is in the best interest of the child, a temporary order may require the parent who is not deploying to:

• make sure the child is available to the deploying parent when the deploying parent has time off;
• help arrange ways for the deploying parent to stay in touch with the child, like phone calls, emails, or other contact during the deployment; and
• not use changes in deployment dates to stop contact between the deploying parent and child.⁴

¹ N.H. Rev. Stat. § 458-E:2
² N.H. Rev. Stat. § 458-E:3(I)
³ N.H. Rev. Stat. § 458-E:3(II)
⁴ N.H. Rev. Stat. § 458-E:3(VI)