How Does Custody Work in Maryland if My Spouse and I Are Both in the Military?

 Posted on March 17, 2026 in Child Custody

Normal custody can be challenging. Custody when both parents are training and possibly deploying is even more challenging. This isn’t an uncommon situation, either. Human Performance Resources by Champ, seven percent of active duty military members and 2.6 percent of guard and reserve members are in dual-military marriages.

An Ellicott City custody lawyer can help you work out a custody arrangement that makes sure your child’s needs are taken care of and accommodates your family’s unique scheduling needs.

How Does Maryland Make Decisions About Custody for Dual-Military Families?

Maryland courts approach military custody cases the same way they approach all custody cases: by looking at what is in the best interests of the child. Under Maryland Family Law § 9-201, courts now follow a codified list of factors when making custody decisions. One of those factors is the impact of military deployment on the parent-child relationship.

Importantly, Maryland law also says that a parent's past deployment or potential future deployment cannot be used against them as the sole reason to deny or limit custody. Your service is not a strike against you.

What Happens to the Child When Both Parents Are Deployed at the Same Time?

Things get more complicated when deployments overlap, and it’s a question most dual-military couples need to think through carefully before a separation or divorce is finalized. Child care responsibility has to go somewhere. Maryland law and the military both have frameworks for this.

Family Care Plans

The Department of Defense requires military couples with children to complete a Family Care Plan, even if one parent isn’t serving. Both parents must sign the plan. This document names a short-term caretaker who is close by and not in the military and a long-term caretaker who can step in during an extended deployment.

A Family Care Plan is a military requirement, not a court order. It is approved by the commanding officer, not a judge. A Family Care Plan cannot override an existing custody order, and it does not carry the same legal weight as one. If your Family Care Plan conflicts with your court order, the court order has more weight.

What Maryland Courts Can Do for Dual-Military Situations

Maryland courts can grant temporary caretaking or decision-making authority to a non-parent during a deployment per Maryland Family Law Code Ann. § 9-108. This allows a grandparent, other relative, or trusted adult to step in while both parents are serving. Any temporary custody changes made during deployment are just that – temporary.

Can a Custody Order Be Permanently Changed While Either Spouse Is Deployed?

The Servicemembers Civil Relief Act protects all active-duty service members from having custody permanently modified while they are deployed. A deployment cannot be the sole basis for a permanent change in custody.

It is, however, always better to have a detailed parenting plan in place before a deployment happens, especially if both parents are in the military. A well-drafted plan is vital for the well-being of your child.

What Should a Military Parenting Plan Address?

Maryland requires a parenting plan in custody cases. For dual-military families, that plan needs to work harder than most. A military parenting plan should cover:

• Who cares for the child if both parents are deployed simultaneously
• How the child will communicate with deployed parents
• How leave time will be used for parenting time
• What happens to the custody schedule when one parent relocates due to orders
• How the plan gets modified if military circumstances change

Getting these details right from the start can save a great deal of pain later. Having legal help when drafting your plan can make sure all your bases are covered before either of you receives orders to deploy.

Call a Columbia, MD Family Law Lawyer Today

The stakes are high in 2026 military custody cases. The logistics are complicated, and the decisions you make now will follow your family for years.

With over 20 years of experience in Maryland family law, our attorney at DM Family Law takes a personal, one-on-one approach to every case. You will work directly with one lawyer who genuinely cares about protecting your relationship with your child. Reach out to our Ellicott City custody attorney at DM Family Law by calling 443-545-8100 to schedule your consultation today.