[Alberta's Child]

This is an interesting issue on a number of levels, but what I find so intriguing is that it basically involves a conflict between Federal law (under the military's Family Care Plan) and state law (under Kansas rules regarding child custody).

[USNBandit]

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.