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What Are Unique Family Law Issues Faced by Military Families?
Family law legal matters are inherently complex, regardless of whether the individuals involved come from a civilian or military family. However, military parents and other family members may face unique challenges not faced by their civilian counterparts.
Perhaps chief among the unique challenges military families face are frequent relocations or permanent station changes. Military families are expected to move often whenever orders instruct them. A permanent change of station could occur every two to three years, with some relocations taking military service members to different states or countries. These moves can play a significant role in deciding or disrupting child custody arrangements, sometimes leading to the need for modifications.
Deployments for active duty have their unique challenges. If the custodial parent deploys, they may need to transfer child custody to the other parent or modify the child custody arrangement. Similarly, it may be challenging for parents to remain in contact and feel connected with their children when they are deployed.
Additionally, it can be challenging to establish child custody and other legal matters because of questions about jurisdiction. Concerns about jurisdiction may arise when parents in a military family live in different states or countries.
Emergency responses, unexpected work obligations, and new training exercises may arise, impacting the consistency of child custody and parenting plan schedules.
Because of the many complications inherent in being a military family, it is often strongly recommended that parents engaged in family legal matters seek the guidance of experienced lawyers. Please get in touch with our law offices to discuss your family law case with our attorneys today.
What Are Some Tips for Military Parents Navigating Child Custody and Co-Parenting?
Various strategies and suggestions can assist military families in child custody negotiations and disputes.
Firstly, unless there is some history of violence or abuse, we strongly recommend maintaining open and honest communication with the co-parent involved in the custody case. As the orders are received, it’s essential to keep the other parent informed of upcoming moves, deployments, or relocations. If both parents are informed, co-parenting can be made easier, and parents can prioritize the well-being of their children.
Because of the ever-changing nature of military service, it may be necessary to review and update legal agreements and court orders routinely. A military family law attorney can help you revise custody arrangements that align with changes in circumstances and disputes over child custody.
It is also likely necessary to regularly review and revise the logistics of visitation rights and parenting schedules.
As you look out for your children’s best interests, it is also essential to consider their educational needs. Researching new schools at new locations is crucial before relocation orders go into effect.
Remember to take advantage of available resources for military families engaged in contentious family law issues or those undergoing unforeseen changes or relocation orders. Available resources can provide valuable support, guidance, and assistance during these difficult times.
Who is Usually Awarded Custody in a Military Divorce Case?
In a military divorce case, the question of who shall retain primary physical custody is usually based on what a family law judge deems to be in the child’s best interests. The best interest standard applies regardless of whether the parents are military personnel or civilians.
In most cases, family law courts would prefer to grant joint custody, thus helping to foster a healthy relationship between the children and both of their parents. However, in certain cases, sole custody may be awarded instead, such as in instances where there is a history of abuse or neglect.
Child custody decisions are not allowed to be made based on the gender of the parents.
What Are Military Family Care Plans and Why Are They So Important?
Single military parents who share custody with parents they are not married to are often obligated to create a military family care plan. These plans establish terms for who shall be the primary caregivers of the children when a military parent is on active duty or deployed elsewhere.
Your military family care plan should align with any court-ordered parenting plans, designating caregivers for the children during the military service member’s absence. It is vital that the family care plan does not contradict any court-ordered parenting plans and must always respect the rights of the civilian parent.
A thorough family care plan should also include details about financial support, transportation arrangements, additional caregivers, and guardians who will care for the child in the event of the military parent’s death.
What is the ‘Best Interests of the Child’ Standard?
When deciding child custody, family law courts prioritize the children’s best interests above all other factors. Deciding what they believe to be in the child’s best interests usually factors in elements such as stability in the child’s life, an adult’s ability to provide adequate care, and the emotional bond between the individual child and either parent.
Military families have extra concerns, such as constant relocations or deployments, which can further complicate child custody considerations. Ultimately, the final hope is to look after the child’s welfare with well-structured parenting plans and custody arrangements.
What is Child Custody Mediation?
Mediation is an alternative dispute resolution commonly used to resolve child custody disputes, regardless of whether the family law case involves civilians or military parents. Military families involved in contentious child custody disputes should be prepared to engage in the mediation process to reach a favorable outcome.
Child custody legal battles can be among the most complex and emotionally difficult matters ever unfolding in American courtrooms. These disputes often require careful navigation throughout the labyrinth-like legal system. Military family members face additional challenges due to their service obligations, which can add new complexities to the child custody process. To protect your legal rights and meet your responsibilities, family law attorneys may be able to assist you throughout mediation in hopes of reaching a satisfactory common ground between the two parents.
Will Joining the Military Influence Child Custody Arrangements?
Family law courts cannot deny custody based solely on an individual’s military service. However, military service can influence child custody orders depending on the jurisdiction in the case.
Many states have adopted laws safeguarding the custody rights of military parents. Such laws prevent courts from considering a military parent’s future deployment as the sole factor in determining child custody. Instead, the courts are asked to consider how a future deployment may impact the child’s best interests.
Contact Our Law Firm to Schedule a Case Review with Our Compassionate Legal Team Today
If you are going through a child custody dispute, you need the assistance of experienced child custody attorneys. This is true whether you are a civilian or military service member. Military parents face unique challenges in family law cases and require legal assistance capable of helping them through such challenges. Our law office has extensive experience representing the legal rights of military service members in complex family law cases.
To learn more about the benefits of retaining our legal services, please get in touch with our law firm to schedule your initial consultation with our lawyers today. You can reach us at 913-514-0909.
