Crucial Child Custody Issues Specific to Military Couples
Child custody laws are complex and overwhelming for separating and divorcing couples, but more so if one of them is an active military member. Generally speaking, getting a child custody order or creating a child custody agreement is the same for civilian families. All parties involved should decide on child custody issues based on the child’s best interests.
Specific Considerations for Child Custody
Primarily, military parents should consider the potential impact of reassignments and deployments when determining child custody issues. Some active servicemen might be reassigned to another state or country, and some might be deployed abroad without notice. Under typical circumstances, a military parent can’t just bring a child to another country or state because it would violate child relocation rules or a child custody order, explains a top family attorney in Colorado Springs.
On the other hand, military parents generally know that there’s always the possibility of reassignment or deployment and could include provisions for these in their child custody arrangements. Bearing this in mind, military parents must inform their family attorney about these possibilities so that they could figure out the best way of going forward.
For the most part, however, most courts would require that parents keep their children in a situation that best serves their interest. This means that if the court decides that the military parent should be the custodial parent, then it’s in the child’s best interest to live with the military parent. But some legislators and military members are concerned that courts might deem military parents unsuitable as custodial parents due to the possibility of reassignment and deployment.
Due to this, legislators have tried passing laws that would require courts to take into account other factors aside from the military status of the parent. These laws didn’t pass however since they favor the military parent’s best interests and not the child’s. Also, plenty of states already permit military members to postpone court actions such as child custody disputes during deployment.
Other Vital Things to Note
Since reassignments and deployments could be disruptive to the lives of children, enlistment might be challenging or impossible for single parents. With this in mind, if you are planning on enlisting and already have children or are already enlisted and are facing a child custody dispute, consult a family attorney to discuss the most appropriate options for your case.