C. Section 452.413

• Library: Military Issues in Family Law 2017

C. Section 452.413

1. Definitions

Section 452.413, RSMo 2016, begins by establishing the definitions of “Deploying parent,” “Deployment,” “Military parent,” and “Nondeploying parent.”

A “Deploying parent” is:

a parent of a child less than eighteen years of age whose parental rights have not been terminated by a court of competent jurisdiction or a guardian of a child less than eighteen years of age who is deployed or who has received written orders to deploy with the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component thereof.

Section 452.413.1(1), RSMo 2016.

This aspect of the statute conflicts with Missouri’s prevailing statutory scheme in that it limits its application to children under 18 years of age, as opposed to the age of 21 (with some exceptions) as set forth in § 452.340, RSMo 2016. Although the plain language of the statute appears to be self-evident, it could be argued that this was not the intent of the legislature when compared with § 452.340, especially when the General Assembly explicitly declared that:

it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child except for cases where the court specifically finds that such contact is not in the best interest of the child.

Section 452.340.7.

As Missouri law continues to expand to include and protect the custodial and visitation rights of grandparents, third parties, and step-parents, it is not too far of a leap to expand that enumerated principle to apply to this particular statute. On the other hand, it may be unreasonable, and in fact, impractical, to order a 20-year-old who may still be a “child” for purposes of child support to spend time with a step-parent while their military parent is deployed.

A “Military parent” is:

a parent of a child less than eighteen years of age whose parental rights have not been terminated by a court of competent jurisdiction or a guardian of a child less than eighteen years of age who is a service member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component thereof.

Section 452.413.1(3).

“Deployment” is:

military service in compliance with military orders received by a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component thereof to report for combat operations, contingency operations, peacekeeping operations, temporary duty (TDY), a remote tour of duty, or other service for which the deploying parent is required to report unaccompanied by any family member. Military service includes a period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave, or other lawful cause.

Section 452.413.1(2).

It should be noted that there is a difference between a deployment and a mobilization. The Department of Defense defines a deployment as: “The rotation of forces into and out of an operational area.” Joint Publication 1-02, Department of Defense p. 66 (Nov. 8, 2010) (as amended through Feb. 15, 2016). Mobilization is defined as:

1. The process of assembling and organizing national resources to support national objectives in time of war or other emergencies. . . .

2. The process by which the Armed Forces of the United States or part of them are brought to a state of readiness for war or other national emergency, which includes activating all or part of the Reserve Component as well as assembling and organizing personnel, supplies, and materiel. . . .

Id. at p. 156.

Joint Publication 1-02 is available at:

https://fas.org/irp/doddir/dod/jp1_02.pdf

Generally speaking, deployment is commonly associated with an overseas destination, while mobilization is more commonly associated with a reserve component of the military (including the National Guard) reporting to active duty within the continental United States. The National Guard cannot order servicemembers to deploy overseas under Title 32 of the United States Code.

A “Nondeploying parent” is “a parent or guardian not subject to deployment.” Section 452.413.1(4). All servicemembers are subject to deployment on one level or another because they ultimately serve in accordance with the needs of the Department of Defense, but as a practical matter, some may be stationed in roles that are inherently nondeployable. Parents who are civilians and are not a member of a reserve or National Guard unit are obviously not...