Divorce and custody disputes are challenging for any parent, but for military families, these issues can be even more complicated due to the unique nature of military service. Deployments, frequent transfers, and the demands of service can create obstacles when determining child custody. However, there are laws and resources to help military parents navigate these complex situations.
This article will discuss in detail military custody laws, special considerations for military parents, and how they can protect their rights and the best interests of their children.
Understanding Military Custody Laws
When a military member is divorced and has children, custody arrangements often need to be made. Unlike standard custody cases, military custody cases must address unique challenges, including deployments, transfers, and the unpredictability of military life.
However, now we will discuss the key aspects of military custody law, including how the Uniformed Services Former Spouse Protection Act (USFSPA) and other legal frameworks affect custody decisions.
1. Uniformed Services Former Spouse Protection Act (USFSPA)
The Uniformed Services Former Spouse Protection Act (USFSPA) is an important law that governs military divorces and the division of military pensions and benefits. While it primarily deals with the division of military retirement pay, it also affects child custody arrangements. Under the USFSPA, military families have specific protections and provisions for family law matters, including custody.
Although the USFSPA does not specifically address custody, it sets out a framework for military members’ rights, including visitation and child support. Courts recognize the importance of maintaining stable relationships between children and their service member parents, and the law provides tools to handle issues such as deployment or relocation.
2. Servicemembers Civil Relief Act (SCRA)
Another important law affecting military parents is the Servicemembers Civil Relief Act (SCRA), which provides specific protections for active duty military members involved in legal proceedings. The SCRA gives service members the right to have a custody hearing postponed or delayed if their military duties interfere with their ability to participate in the case. This law can help ensure that the custody process is fair, even if a military parent is unable to attend due to deployment or other obligations.
Things to Keep in Mind in Military Custody Cases
Military custody cases are different from civilian cases due to the nature of military life. Several important factors influence custody decisions in this case:
1. Deployment and its Impact on Custody
One of the most significant factors in military custody cases is the issue of deployment. Service members can be deployed unexpectedly, sometimes for extended periods of time. Military custody laws must account for the realities of deployment, which can interfere with regular custody arrangements.
Visitation and Parenting Time: In the event of deployment, military parents may not be able to see their children for extended periods of time. Courts often allow changes to custody arrangements, including temporary changes to visitation schedules.
Power of Attorney: Military parents can appoint a trusted individual, such as a family member, to temporarily assume parental responsibilities through a power of attorney. This allows the deployed parent to maintain some level of control over the upbringing of their child while they are away.
Post-Deployment Custody: Once a military parent returns from deployment, the original custody arrangement may need to be revisited. Courts generally try to ensure that the child maintains a relationship with both parents, but they will consider the best interests of the child when making any changes.
2. Transfers Due to Permanent Change of Station (PCS)
Military members are often required to transfer due to a Permanent Change of Station (PCS) order. These steps can complicate custody arrangements, especially if one parent moves far away or across state lines. In these situations, custody law often considers:
Jurisdiction: If a military parent moves to a new state or overseas, jurisdictional issues may arise. Typically, courts will want to maintain jurisdiction in the state where the child has lived for the past six months, but this can be complicated when a parent moves due to military orders.
Transfer Clauses in Custody Agreements: Military parents should include clear transfer clauses in their custody agreements. These clauses specify what will happen if a parent has to move due to military orders, where visitation and custody will be handled during and after the move.
3. Best Interests of the Child
In any custody case, the best interests of the child are always paramount. Military courts strive to ensure that children maintain stable and healthy relationships with both parents, even when one parent is serving in the military. Key factors considered include:
Parental involvement: Courts generally try to ensure that children have a consistent and ongoing relationship with both parents, regardless of a parent’s military duties.
Stability: Courts weigh the stability of the child’s home life, including factors such as the parent’s ability to provide consistent care, housing, and education.
Parent-child bond: A child’s emotional and mental well-being is also very important. The court will consider how well the child bonds with both parents and how any change in custody might affect that relationship.
4. Visitation Rights for Deployed Parents
Military parents may have limited visitation time due to the nature of their service. The court may grant flexible visitation schedules, especially when the military parent is deployed. These arrangements can include:
Virtual Visitation: In some cases, courts may allow for virtual visitation via video calls and other communication methods, especially when physical visitation is not possible during deployment.
Extended Visitation After Deployment: Once a parent returns from deployment, extended visitation or parenting time may be granted to help the child adjust to the return and strengthen the relationship between parent and child.
Military parents involved in custody disputes should consider the following tips:
Hire a Military Custody Lawyer
Given the complexity of military custody issues, it is crucial to hire a military custody lawyer who understands both family law and the specific challenges of military life. An attorney experienced in military custody can help you navigate the various legal protections, such as the SCRA and USFSPA, and create a custody plan that takes into account your military responsibilities.
Create a Detailed Parenting Plan
A well-thought-out parenting plan is essential, especially for military families. This plan should clearly address issues such as visitation, vacations, special events, and relocations. Military parents should be proactive in dealing with potential deployments or PCS orders and include provisions for these situations.
Document your military service and custody arrangements
Keep detailed records of all custody-related activities and any changes that occur due to military service. This documentation can help prove your commitment to your child’s well-being and show the court that you are fulfilling your parental responsibilities, even during deployments or transfers.
Consider the child’s needs first
While military parents may have to deal with the limitations of their service, it is important to always keep the best interests of the child in mind. The court will focus on what is best for the child, so ensuring stability, emotional support, and continuity of care will always be the most important factors in any decision.
Final Thoughts
If you are a military parent facing a custody battle or want to ensure that your parental rights are respected, it is crucial to consult with an experienced military custody lawyer. A knowledgeable attorney can guide you through the process, advocate for your rights, and help you craft a solution that works best for you and your child.
Understanding your rights, responsibilities, and available legal options will empower you to make informed decisions about your family’s future, regardless of the challenges that military life presents.
