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Deployment Is Not a Change of Circumstances — and the Hearing Goes to the Front of the List

Where a parent receives temporary duty, deployment or mobilization orders, the absence and the disruption to the child’s schedule may not be factors in a change-of-circumstances finding on a motion to transfer custody away from the servicemember. A temporary custody order ends no later than ten days after the parent returns, visitation may be delegated to a close family member, hearings are expedited and may be taken by affidavit or electronic means, and they take precedence over all other causes not involving the public interest.

Verified August 23, 2026

What this benefit is

What it's worth: A ten-day return window, a bar on deployment counting as changed circumstances, delegated visitation, and an expedited hearing

No dollar figure is claimed. What the section is worth is the custody arrangement a parent keeps and the hearing date a parent gets, neither of which can be priced.
The protections are conditions on the court rather than an application, so they only operate where the section is raised and the orders are put in evidence.

Who is entitled to it

The section protects the serving parent.
You are in this state.

Not sure whether that describes you?

Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.

How to claim it

Deadline: On receiving orders, and on any motion filed during the absence

1Check which of the three defined events you are in, because the section defines all three. "Deployment" is the temporary transfer of a service member in an active-duty status to another location in support of combat or another military operation. "Mobilization" is the call-up of a National Guard or Reserve member to extended active duty, and expressly excludes annual training. "Temporary duty" is a transfer from one military base to another location for a limited period for training or a noncombat mission.
2The custodial-parent protections in subsection (3) require the orders to involve moving a substantial distance from the parent’s residence, having a material effect on the ability to exercise custody responsibilities. Say so in the motion and evidence it.
3Fix the end date of any temporary order in the order itself: it shall end no later than ten days after the parent returns. The court keeps its discretion to hold an emergency custody hearing within ten days of a verified motion alleging an immediate danger of irreparable harm.
4Use the change-of-circumstances bar as the main shield. The temporary duty, mobilization or deployment, and the temporary disruption to the child’s schedule, may not be factors in a determination of change of circumstances where a motion is filed to transfer custody from the service member.
5Ask for the three mandatory contact terms, because any order under this section must contain them: the non-deployed parent shall make the children reasonably available when the deployed parent has leave; shall facilitate telephone, webcam and email contact during the deployment; and the deployed parent shall provide timely information about the leave schedule.
6If it is your visitation rather than your custody at stake, ask under subsection (4) for the rights to be delegated to a family member with a close and substantial relationship to the child for the duration of the absence, where that is in the child’s best interest. "Family member" is defined broadly enough to include a step-parent, grandparent, aunt, uncle or adult sibling.
7Ask for the expedited hearing and for remote evidence in the same motion. For good cause shown the court shall hold an expedited hearing, and on reasonable advance notice and for good cause shown shall allow testimony and evidence by affidavit or electronic means where the military duties materially affect the ability to appear.
8Point the court at subsection (8) when a date is being set: any hearing under this section shall take precedence over all other causes not involving the public interest.

Form: A motion in the custody or visitation cause, with the temporary duty, deployment or mobilization orders attached
File with: The chancery court hearing the custody or visitation matter
No renewal: Once granted it does not need renewing.

CorrectionThis is far more than the "deployment is not a factor" rule it is usually reduced to. Three of its provisions are worth as much or more in practice: the ten-day sunset on any temporary custody order, the power to delegate visitation to a grandparent or other close family member during the absence, and the statutory precedence that moves the hearing ahead of the ordinary docket.

CorrectionThe definition of "mobilization" expressly excludes National Guard and Reserve annual training. A Guard parent whose absence is annual training is outside the section and should not rely on it.

Worth knowingSubsection (7) preserves the whole of the ordinary law: nothing in the section alters the duty of the court to consider the best interest of the child in deciding custody or visitation. The section removes specific factors and adds procedure; it does not create a presumption in the servicemember’s favour.

Known gapWhether any later session amended §93-5-34 after 2010 was not established — the code section index shows the bills that touched it in each session, and the ones examined after 2010 died in committee. Confirm the current text with counsel before relying on a subsection number.

Sources

This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.