5.10 Military Service

What happens if visitation is impossible due to military service? The Revised Statutes allow for make-up time when a parent is on active duty, training, drill, or any other special orders.1  The court may award “compensatory visitation,” but only upon a parent’s request and only if it serves the child’s best interest.2  This does not apply in the case of a finding of physical or sexual abuse.3  Under the Servicemembers Civil Relief Act, any military member on active duty may obtain a stay of both child support and custody matters.4  If the servicemember affirmatively requests the stay, the court must grant it; otherwise, the stay is discretionary.5

• 1La. R.S. 9:348.
• 2La. R.S. 9:348(B).
• 3La. R.S. 9:348(C).
• 450 U.S.C. app. § 522(a)–(b).
• 550 U.S.C. app. § 522(b)(1).