Custodial plans for children of deployed parents discussed

Children of deployed military parents would have custodial plans in place under legislation heard by the Judiciary Committee Jan. 23.

LB219, introduced by Bellevue Sen. Sue Crawford, would adopt the Uniform Deployed Parents Custody and Visitation Act. The act would provide a legal framework for parents and judges regarding care for children when a military parent is deployed. The bill also would clarify parenting arrangements required when a deployed parent returns.

Crawford said the bill would minimize the amount of disruption in a child’s life when a military parent with custodial responsibilities is deployed. Children in families with deployed parents are at greater risk for depression and substance abuse, Crawford said. Because those behavioral health challenges are magnified when military parents divorce, Crawford said, custodial plans are critical.

“A custodial plan brings consistency and predictability for military families,” she said. “The bill creates a framework for that discussion.”

LB219 would allow families with deployed parents to create a temporary custodial agreement that specifies how decisions for the child would be made, frequency and duration of contact with parents and nonparents and how the agreement could be changed.

Further, the act would permit courts to grant temporary caretaking authority to parents or nonparents, grant decision-making authority to nonparents and enforce a prior written agreement by the parents regarding custodial responsibility.

Lawrence Stunkel, an attorney with the state Department of Veterans Affairs, testified in support the bill, saying it would clarify what options are available to military parents with custody disputes.

Danelle Nelson, a Nebraska National Guard Airman and mother of two, also spoke in favor the bill. Not having a detailed custodial arrangement during her most recent deployment resulted in a disruption in family routines that were extremely stressful, she said. Without a family plan in place for her next deployment, Nelson said she might have second thoughts about remaining in the military.

“I’d probably hang it up,” she said of her 15-year career. “I would not do that to my children again.”

No one spoke in opposition to the bill and the committee took no immediate action on it.