New Jersey guidelines for child custody in military families

Understanding Child Custody in Military Families

Child custody disputes are complex matters, and when one or both parents are members of the military, the process can involve additional layers of consideration. In New Jersey, as in many states, the best interests of the child are the paramount concern in any custody decision. However, military families face unique challenges that can affect custody arrangements. It is crucial for military members and their spouses to understand how New Jersey law addresses these issues.

The Impact of Deployment on Custody Arrangements

Military parents are often subject to deployment, which can last for months or even years. This reality necessitates special guidelines to account for the times when a military parent cannot physically be present to exercise their custody or visitation rights. New Jersey courts have adapted by allowing temporary modifications to child custody orders during periods of deployment. These modifications do not constitute a permanent change in custody but provide a framework for maintaining the child's stability and ongoing relationship with the deployed parent.

Temporary Custody Assignments

In cases where a military parent is deployed, New Jersey may allow for temporary custody arrangements to be made. This could involve granting temporary physical custody to the non-deployed parent or, in certain circumstances, another family member who has a close relationship with the child. It is important to note that these temporary assignments are not seen as a precedent for future custody decisions.

Communication During Deployment

The state encourages regular communication between the deployed parent and their child. Modern technology such as video calls, email, and instant messaging can help maintain a strong parent-child bond despite physical distance. Courts can include provisions for communication in custody orders to ensure that this critical relationship is preserved.

Reintegration and Post-Deployment Adjustments

Upon return from deployment, military parents may face challenges re-establishing their role in their children's lives, particularly if they have been away for an extended period. New Jersey courts recognize this transition phase and can facilitate the gradual reintegration of the military parent into the child's life. The aim is to minimize disruption and emotional stress for the child while allowing the parent to resume their parental duties.

Protecting Military Parents' Custody Rights

New Jersey law seeks to protect military parents from being disadvantaged in custody proceedings solely because of their service obligations. The Servicemembers Civil Relief Act (SCRA) provides additional protections at the federal level by allowing for a stay or postponement of court proceedings if military service affects a servicemember's ability to participate.


Military families making sacrifices for our country face distinct challenges in child custody matters. New Jersey has acknowledged these unique circumstances by developing guidelines that respect the service member's duty while also prioritizing the well-being of children. If you are a military parent navigating child custody in New Jersey, it is advisable to seek legal counsel experienced in military family law to ensure your rights and your children's best interests are adequately protected.