Feb92026
Family Law Q&A Series

How is child custody and parenting time handled when a parent has military duties or deployments? – North Carolina

Short Answer

In North Carolina, a parent’s military duties or deployment usually leads to a temporary custody/parenting-time plan for the deployment period, not a permanent change. The deploying parent must generally give prompt written notice and share a plan, and the court can hold an expedited hearing before deployment. North Carolina law also limits courts from using past or possible future deployment, by itself, as a negative factor in custody—although the court can consider any significant impact on the child.

Understanding the Problem

In a North Carolina contested divorce involving a military family, the key question is how a court handles custody and parenting time during a parent’s military duties or deployment. Can a temporary plan be put in place quickly, and does deployment automatically change custody long-term? The issue usually turns on whether there is a pending or current deployment, what temporary schedule will work during the absence, and how parenting time and communication will be handled until the parent returns.

Apply the Law

North Carolina has a specific set of rules for custody and visitation when a parent is deployed, found in the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). In general, the court can enter temporary orders to allocate caretaking time and decision-making during deployment, and the law is designed to avoid penalizing a parent simply because military service requires time away. If a motion is filed before deployment, the court must move the case faster than a typical custody schedule.

Key Requirements

  • Prompt notice and a plan: The deploying parent must generally notify the other parent in writing soon after receiving deployment notice and provide a plan for how that parent’s custodial time will be handled during deployment.
  • Temporary (not permanent) deployment orders: Deployment-related custody changes are typically temporary and should be structured to end after the parent returns, with a transition back to the prior arrangement unless a separate custody modification is justified.
  • Communication and make-up time: Temporary orders commonly address frequent electronic communication during deployment and increased contact when the deploying parent is on leave or returns, unless it would be against the child’s best interests.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the family is considering a contested divorce in North Carolina and one parent has military duties that may include deployment. Under the UDPCVA, the practical focus is building a written, deployment-specific plan (notice, temporary schedule, communication, and decision-making) and, if agreement is not possible, asking the court for a temporary order that is clearly labeled temporary and designed to end after the parent returns. If a deployment is pending, filing early matters because the court must schedule an expedited hearing before deployment.

Process & Timing

  1. Who files: Either parent. Where: North Carolina District Court (the county where the custody case is pending, or a new custody action if none is pending). What: A motion/request for a temporary order allocating custodial responsibility during deployment. When: After the deploying parent receives notice of deployment; if filed before deployment, the court must set an expedited hearing.
  2. Temporary schedule and communication terms: The court typically addresses caretaking time, decision-making, electronic communication during deployment, and contact during leave, and may include a method to resolve disputes that come up while the parent is away.
  3. Return from deployment and transition: After the parent returns, the court can enter a temporary order for reasonable contact while the deployment order is being terminated and the family transitions back to the prior arrangement, unless contact would be against the child’s best interests.

Exceptions & Pitfalls

  • Waiting too long to file: If deployment is close, delay can make it harder to get a workable temporary order in place before the parent leaves, even though the law provides for expedited hearings.
  • Unclear “temporary” language: A deployment order should be clearly labeled temporary and should include how it ends after return; vague orders can lead to conflict about whether the deployment schedule became the “new normal.”
  • Communication and logistics not spelled out: Disputes often arise when the order does not address video calls, time zones, who pays for communication, exchange locations, or how leave time will be handled.
  • Nonparent involvement requires care: In some cases, a deploying parent may ask for a trusted adult to help with caretaking during deployment; if that happens, the court process may require that person to be formally included in the case for the limited period of the grant, and the time granted is typically tied to the deploying parent’s own time.
  • Federal protections can affect timing: Military service can limit availability for court, and federal law may restrict proceeding in certain circumstances; coordination is important so the case moves in a way that is fair to both parents and workable for the child.

Conclusion

In North Carolina, military duties and deployment are usually handled through a temporary custody and parenting-time plan under the UDPCVA, with an expedited court process available when deployment is pending. The deploying parent generally must give written notice within seven days of learning about deployment and share a plan for custodial time during the absence. The most important next step is to file a motion in District Court for a temporary deployment custody order as soon as deployment notice is received, especially if the deployment date is approaching.

Talk to a Family Law Attorney

If a military deployment is affecting child custody or parenting time in North Carolina, our firm has experienced attorneys who can help explain options, prepare a deployment-focused parenting plan, and address timelines for temporary orders. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.