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Serving your country shouldn’t cost you your relationship with your child. But for military parents stationed out of Overland Park or deployed overseas, the fear of returning home to a different custody arrangement is real. If your co-parent is using your deployment as leverage to push for a permanent custody change, Kansas law has something to say about that.
Does Deployment Count as a Reason to Change Custody in Kansas?
Kansas law explicitly prohibits courts from treating a parent’s military deployment as grounds for a permanent custody modification.
Under the Kansas Uniform Deployed Parents Custody and Visitation Act, deployment alone cannot serve as a material change in circumstances that justifies modifying a permanent custody order. This is a significant protection. In Kansas custody law, a “material change in circumstances” is the threshold a court requires before it will even consider changing an existing order. By statute, deployment does not meet that threshold.
That means your co-parent cannot walk into a Johnson County courtroom, point to your orders, and use your service to permanently strip parenting time or legal custody from you. Courts are required to take that argument off the table.
Temporary Orders During Deployment: What Kansas Allows
Kansas allows courts to issue temporary custody adjustments during deployment, but those orders must expire when the service member returns.
The law does allow for temporary modifications while a parent is deployed. If the existing custody arrangement cannot be carried out because of deployment, either parent may seek a temporary order from the court. But that order is time-limited. Under K.S.A. 23-3217, a temporary deployment-related custody order terminates no later than 30 days after the deployed parent returns from deployment and provides notice to the other parent.
This 30-day window gives families time to transition back to the original arrangement without abrupt disruption for the child. The key word is temporary. A temporary order during deployment does not, by itself, change the permanent custody order.
If your co-parent refuses to return to the original arrangement after you’re home, that refusal can become the basis for enforcement or contempt proceedings.
Delegation of Parenting Time to a Third Party
Kansas law allows deployed parents to delegate their parenting time to a family member, including a stepparent, so the child maintains a meaningful relationship during the absence.
One of the more practical tools in the Kansas statute is the ability to delegate parenting time. Under K.S.A. 23-3217, a deployed parent may grant some or all of their parenting time to a family member, including a stepparent or a person who has a close and substantial relationship with the child, if it serves the child’s best interests.
This means your child doesn’t have to spend all their time with the other parent just because you’re deployed. Your mother, your spouse, or another trusted family member may be able to step in and maintain that connection while you serve.
The co-parent does have standing to object if they believe the delegation is not in the child’s best interest, so it’s worth having a clear, documented agreement or court order in place before you leave.
What to Do If Your Co-Parent Files for Custody While You’re Deployed
If you receive notice that your co-parent has filed a motion to modify custody while you’re on active duty, you have federal protections in addition to Kansas law. The Servicemembers Civil Relief Act (SCRA) allows active-duty service members to request a stay of civil proceedings, including custody cases, when military service materially affects their ability to appear or defend.
A stay can pause the case until you can participate. Courts are required to grant an initial stay of at least 90 days upon request with proper documentation. You can request additional time if needed.
Do not ignore a custody filing. Even with these protections, failing to respond or request a stay can result in a default order being entered against you. Reach out to legal counsel as soon as you receive notice, even from overseas.
Preparing Before You Deploy: Steps That Can Help
Getting ahead of potential custody conflicts before deployment is the most effective approach. A few practical steps:
- File a deployment plan or parenting agreement with the court before you leave, so expectations are documented.
- Notify the court of your deployment status in writing if a custody order is already in place.
- Document communication with your co-parent regarding the children throughout your deployment.
- Designate a trusted point of contact who can monitor local court filings on your behalf while you’re away.
Having a written agreement, even an informal one later formalized by the court, reduces the opportunity for disputes and gives you a clear baseline to return to.
How Barnds Law LLC Can Help Military Families in Overland Park
At Barnds Law LLC, we work with military families throughout the Kansas City metro area who face custody and parenting time disputes that don’t fit neatly into civilian circumstances. We understand that deployment adds pressure to an already difficult situation, and we’re committed to making sure our clients understand their rights before, during, and after service.
Our team takes a collaborative approach to every case. Attorneys with different perspectives work together on client matters to make the most of your time and resources. We don’t just file paperwork; we walk you through what the process looks like, what to expect at each stage, and how to position yourself for the outcome you’re working toward.
If your co-parent is threatening to use your deployment against you in a family law matter, you don’t have to face that alone. Call us at 913-514-0909 or contact us to schedule a consultation with our team.
