How Military Deployment Affects Custody Agreements and Parenting Plans in Kansas

Receiving deployment orders is an overwhelming milestone, often raising the terrifying question for military parents in Overland Park: “What happens to my children while I am gone?” The fear of losing custody due to an extended absence is a common concern, but Kansas law provides robust protections to ensure your service does not cost you your parental rights.

At Barnds Law LLC, we leverage over 60 years of combined legal experience to minimize the stress of military deployment and custody plans. If you are a service member in Johnson County facing an upcoming mobilization, here is how Kansas law safeguards your bond with your children.

Kansas Law: Deployment Is Not a Permanent Change

The primary concern for service members is that a co-parent will use their absence to award permanent, full custody. Kansas law (K.S.A. 23-3217) explicitly prohibits this: a parent’s deployment, mobilization, or temporary duty is not, by itself, a “material change in circumstances” that warrants a permanent custody modification.

The court may issue a temporary order for the child’s care while you are away. This order is strictly interim, as the law views your absence as an act of service, not abandonment. Upon your return to Overland Park, the goal is generally to revert immediately to the original custody arrangement.

Mandatory Provisions in Military Parenting Plans

If divorced military parents in Kansas have a parenting plan, K.S.A. 23-3213 mandates that it must include specific provisions for deployment, mobilization, or temporary duty (TDY). This allows critical details—such as decision-making authority, child residence, leave visitation logistics, and travel costs—to be negotiated proactively. If your current plan lacks these military custody clauses, it should be reviewed and updated before orders are issued.

Delegating Your Parenting Time to Family Members

One of the most valuable protections in Kansas law is the ability to “delegate” your parenting time. You might have a spouse (a stepparent to the child) or grandparents in Johnson County who play a vital role in your child’s life. You naturally want them to remain involved while you are overseas.

K.S.A. 23-3217 allows the court to permit a family member with a “close and substantial relationship” to the child to exercise parenting time in your place. This is not automatic; the court must find that this delegation serves the child’s best interests. Having a skilled attorney advocate for this delegation ensures your side of the family stays connected to your child until you return.

Maintaining the Bond: Virtual Visitation Requirements

Technological advances have changed how deployed parents stay in touch. Kansas law has caught up with this reality. Statutes require the non-deploying parent to facilitate reasonable opportunities for telephonic and electronic mail contact.

In modern military parenting plans, we ensure that court orders include specific provisions for video calls (such as FaceTime, Zoom, or WhatsApp) at scheduled times. This prevents “gatekeeping” by the other parent and ensures you can maintain a presence in your child’s daily life, regardless of time zones.

Expedited Hearings and The SCRA

For short-notice deployments, Kansas law (K.S.A. 23-3217(g)) allows for an expedited hearing to secure a custody order before you leave. Furthermore, if legal action is initiated against you while deployed, the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901 et seq., allows us to request a “stay” of proceedings, pausing the case until you return and preventing any default judgments against your parental rights.

Reinstating Custody When You Return to Overland Park

The reunion with your child is the moment you’ve been waiting for. Legally, this is also a critical transition period. Upon your return, you must file a motion to reinstate the original order. K.S.A. 23-3217(d) mandates that the court set a hearing on this matter within 30 days of your motion.

Crucially, the law shifts the burden of proof: it is up to the non-deploying parent to prove that reinstating the original custody agreement is no longer in the child’s best interests. This statutory preference is a powerful tool we use to help you regain your parenting time immediately.

How Barnds Law LLC Helps Military Families

Military family law involves a complex intersection of Kansas state statutes and federal protections. Missing a deadline or failing to file the correct motion before you deploy can cause complications that last for years.

At Barnds Law LLC, we understand that clients seeking our help are already dealing with high levels of stress. Our primary goal is to minimize the anxiety that comes with legal matters. With over 60 years of practice, we provide our clients with aggressive, empathetic representation tailored to the unique needs of service members.

Whether you are stationed in Kansas or are an Overland Park resident deployed overseas, we handle the legal heavy lifting so you can focus on your mission.

Do not leave your parental rights to chance. Call us today at 913-514-0909 or contact us online to schedule your consultation.