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Who can get child custody in a military divorce?

On Behalf of | Oct 9, 2024 | Child Custody |

A divorce is a challenging experience for all families. Still, military divorces have unique obstacles, especially when it comes to child custody. Balancing military duty with parenting time requires planning and flexibility. Therefore, collecting accurate information and consulting with a lawyer can make an impact on your case.

Child custody considerations

Determining child custody is a complicated decision. Most parents need to negotiate before reaching an agreement. That is why the court prioritizes the child’s best interests. Additionally, they will consider other factors such as:

  • The child’s age
  • The child’s relationship with each parent
  • The stability of their home environment

Military life often involves Permanent Change of Station (PCS) moves. These relocations can disrupt your child’s stability. In this case, the court may consider the impact of these changes when deciding custody arrangements. Therefore, a flexible parenting plan can be helpful for your family.

Legal protections for military parents

The Service Members Civil Relief Act (SCRA) protects active-duty members. This includes protection from default judgments and the option to request delays in custody cases. These rules allow you to focus on your job while maintaining parental rights and obligations.

The SCRA applies to all civil actions, including child custody and divorce. This way, your military service will not interfere with custody and support decisions. Additionally, the court must adjust hearing times if your service prevents you from attending. Furthermore, they cannot make decisions solely based on future or past deployments. So, you may be able to obtain custody despite future deployment plans.

What happens when a parent is on deployment?

You or the court may create a family care plan that designates arrangements during deployment. This plan determines where the child will stay during your absence. Consulting with the other parent and obtaining their agreement can be helpful when creating it. Additionally, an attorney familiar with military procedures can defend your interests.

Flexibility and planning are crucial in military divorces involving children. Understanding these challenges can help you create a custody arrangement tailored to your needs. Moreover, seeking legal advice and support is essential in navigating these proceedings.