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What are common child custody issues for military families?

On Behalf of | Nov 26, 2020 | High-asset Divorce

Military families often have unique situations that can make things difficult when it comes to a divorce. The court wants to ensure the children have equal time with both parents, but this can be tough when one parent is in the military.

According to Military OneSource, the court will typically not use military service as a factor to either grant or deny physical custody of children. Most states have laws about this to protect service members. Whether you are the parent in the military or not, you need to understand how military service impacts your custody arrangements and what you should do to ensure you protect your rights.

Making a plan

You must make plans for when service impacts your custody arrangements. Having a plan in place as part of the parenting time allocations can help you to avoid this issue.

Knowing your rights

If you are the parent in the military, you need to understand the Servicemembers Civil Relief Act and the rights it affords you. Under the act, you can have court hearings postponed if you are unable to attend due to your military service. This will help ensure the other parent cannot make custody changes when you are on active duty out of the country.

Handling relocation

You probably are well aware that being in the military means moving around. After your divorce, if you or your spouse must relocate due to military orders, your custody arrangements need to state how to handle this. You will have to follow state laws pertaining to the relocation of a child. It could mean if you are the one who needs to move that you will lose custody of your children, especially if they are well-established in the area in which you currently live.