Military Divorce Child Custody

Divorce Papers > Child Divorce > Military Divorce Child Custody

The issue of child custody in military divorce proceedings is more or less identical to the manner in non military proceedings. If the child is of reasonable age, the preference of such a child is considered by the court. When the child is not of an age to reason, the court solves this issue with an aim of the best interests of the child. Any past records of criminal behavior and/or abuse by either parent is taken into account.

Role of Service member's Relief Act in Military Divorce Child Custody

When a military member is deployed, the Service member's Relief Act can be used to safeguard this member from being subjected to legal action or being sued. The intention of this Act is that the military member must be able to concentrate on the mission at hand. He/She should not get distracted due to personal legal conflicts. The military member must handle child custody issues using this Act. When a member is deployed, if his/her spouse tries to modify the child custody arrangement, the member must state this Act.

Emergency Care Plan in Military Divorce Child Custody

It is advisable that military members draft an emergency care plan for child custody. For instance, the Air Force has made it mandatory that its military members must have a child care plan in both the situations mentioned below.

• The military member is a single parent
• The military member is married to another military member

Such a child care plan must consist of the following information.

• In case of no-notice deployment, which parent will have short-term custody?
• Which parent will have long-term custody?

Pertinent points regarding Military Divorce

• The military services have locator services that can find out the present location of the military members. Thus, if a military member wrongfully takes a child, the member is traceable
• In military services, relocation often takes place. So, it is tough to conclude which court has jurisdiction in a specific child custody case. In some cases, the members resides abroad for such a duration, that the foreign nation's court may gain jurisdiction
• The home state court initially finds out whether the parent and the child are permanently or temporarily relocated from the state. If they are temporarily absent from the state, the home state court retains the jurisdiction
• Some states have created orders, which justify that due to deployment there can be temporary changes in the custody orders. However, when the military member returns from duty, the original arrangement must be enforced

Questions to ask a lawyer in a Military Divorce

A military member must ask the following queries to a lawyer.

• Let us consider that I am deployed to a different nation. Then, can I bring a stay on the child custody modification proceeding till I am back in the US?
• If I am deployed overseas, can my new spouse be automatically given legal custody of my child?
• If I am deployed to another nation, can the court revoke my custody rights?

Divorce Papers