Members of our Armed Services make many sacrifices to help protect our country. The Virginia General Assembly recently amended a provision relating to child visitation, to help lessen the impact of deployment on military members and their families. Virginia Code Section 20-124.8 now allows a deploying military member to ask to designate a family member to exercise visitation while they are deployed. In the past, when a military member who had visitation rights but was not the primary physical custodian of the child was deployed, visitation between military members' children and the service member's family was suspended. Now, given enough advance warning, a military member can at least ensure that his/her children have a continuing connection with the service members' family.
Under the Virginia Military Parent Equal Protection Act, the deploying military member may file a Motion or petition with the Court seeking to designate a family member to exercise their visitation during their deployment. That Motion can "assign all of their visitation rights or a portion of their visitation rights to a family member that has a substantial relationship with the children".
The provision can also allow court ordered contact between the children and the service members' family where the service member was the previous physical custodian of the child.
Importantly, this Order delegating visitation rights and custody rights does not create a permanent visitation between the child and the service members designated family, but still remains enforceable during the military members deployment. This distinction is important, to protect not only the deploying military member but the other biological parent.
If you are a member of the Navy, Air Force, Army or Marines who is set to deploy, give Jarrell, Hicks & Waldman a call to discuss your options to ensure that your children continue to have a close relationship with your family during your deployment. Jarrell, Hicks & Waldman is a divorce, military divorce, and custody law firm for the City of Fredericksburg, Spotsylvania County, Stafford County, King George County, Caroline County, Marine Base Quantico, Dahlgren Naval Weapons Station, and Fort A.P. Hill.








