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The Family Care Plan isn't a federal law. It is a DOD regulation. It requires that single parents file a plan for the care of their child(ren), if they are deployed. I find the reference to the Family Care Plan as pretty weak legal argument.

Now that being said. The service member's election to place a child in the custody of the other parent during deployment should not be looked upon by the courts as a voluntary surrender of custody. I also think they will probably find legal protections from having custody decisions made in their absence.

The service member's election to place a child in the custody of the other parent during deployment should not be looked upon by the courts as a voluntary surrender of custody.

Agreed. But on the other hand, a stable environment for the child should be part of the 'best interests' inquiry.

I also think they will probably find legal protections from having custody decisions made in their absence.

I also agree that that is the current law, and a good one, but it appears that that law is being challenged. "KMBC-TV in Kansas City, Mo., reported that a law passed in 2003 is supposed to protect soldiers in war zones from civil lawsuits until they return. But now that law is being challenged in Kansas courts."