Is Child Custody Handled Differently in a Military Divorce?

Have you found yourself in a situation where you are wondering, “Is child custody handled differently in as military divorce?” All divorces are a challenging process for any family, but when one or both parents are members of the military, the situation becomes more complex. Consulting with a knowledgeable Glen Burnie child custody lawyer can help you understand your rights and navigate the unique challenges that military service brings to custody arrangements. The unique lifestyle of military personnel, including deployments, frequent relocations, and demands of the job, can present special considerations and circumstances for child custody.

The Basics of Child Custody in Divorce

It is important to understand the general framework for child custody. In any divorce, child custody is determined based on the child’s best interests. These include:

• The child’s age and emotional needs
• The parent’s ability to provide a stable home environment
• The child’s relationship with each parent
• Any history of abuse or neglect
• The child’s wishes

Military Service and Child Custody: What Makes It Different?

Frequent Relocations and Deployment

The potential for frequent moves is one of the primary challenges in military divorces. Military personnel are often required to relocate every few years, sometimes extremely far away from where they are currently located. If the children are very young or if the moves separate them from the important family support system, this could lead to instability for children.

When it comes to custody, a court may have to consider how a parent’s frequent relocations affect the child’s ability to maintain relationships with both parents. In some cases, the court might award custody to the non-military parent who remains in one location, as they can provide a more stable and consistent environment.

The court may allow for flexible custody arrangements if the service member is awarded custody. An example of this would be that a non-custodial parent may have more significant time with the child during periods when the service member is deployed or stationed at a distant location.

Deployment and Parenting Time

Another factor that distinguishes military divorces from others is deployment. A parent may be away for several months at a time during a deployment, making it difficult to maintain a traditional custody schedule. The service member must have a clear plan in place to ensure the child’s needs are met during their absence.

Sometimes, the court may order temporary custody of the non-deployed parent during the deployment period. The service member’s visitation rights may be modified depending on the deployment’s length and nature. Military parents should also be aware of the Servicemembers Civil Relief Act (SCRA), which provides protections related to custody and visitation during a deployment.

Consideration of the Parent’s Duty Station

The location of a military member’s duty station can also affect custody arrangements. The court may consider how a child’s relationship with the non-military parent is impacted if a service member is stationed far from the child’s current residence. The court will factor in if the military parent has limited access to the child due to the geographic distance.

The court in Maryland may also arrange for extended visitation in situations where the service member is stationed overseas. There are also circumstances where special provisions for communication are put into place to maintain the parent-child bond.

Joint Custody and Parenting Plans

It can be more difficult to implement joint custody in military families because of the nature of their lifestyle. Some courts may still award joint custody, but the expectation will be that the parents work together to create a flexible parenting plan. It is important for military parents to also create a detailed plan that outlines how the child will be cared for during deployments or relocation.

The Role of Family Advocacy Programs and Military Resources

The military offers family support programs, counseling services, and legal assistance to help service members and their families navigate divorce and custody issues. They also have advocacy programs that offer mediation services to help resolve custody disputes. These programs are designed to minimize conflict and help military families maintain healthy relationships even after a divorce.

FAQs About Military Divorce Law in Maryland

Does Being in the Military Effect Custody?

Yes, being in the military can impact child custody arrangements. Deployment, frequent relocations, and unpredictable schedules may make it challenging to provide consistent care. Courts typically consider the best interests of the child, and in cases involving military service, they may adjust custody agreements to accommodate deployment schedules or ensure stability.

However, military parents often have the right to maintain custody, and arrangements can be modified based on individual circumstances.

What Is a Military Spouse Entitled to During Separation?

During separation, a military spouse may be entitled to various benefits, including a Basic Allowance for Housing (BAH), if the service member is not residing with the family. They may also receive health care through TRICARE, access to military family support programs, and potential financial assistance, depending on the circumstances.

Legal protections such as rights to base housing, commissary privileges, and certain family allowances may also apply, along with potential child support obligations if children are involved.

Can Military Members Get 50/50 Custody?

Yes, military members can seek 50/50 custody of their children, but it depends on the circumstances and the court’s determination of the child’s best interests. Factors like deployment schedules, the ability to provide stability, and the other parent’s preferences may influence custody decisions. Courts aim to ensure both parents have meaningful involvement in their child’s life.

Can Military Legal Assistance Help With Child Custody?

Yes, military legal assistance can help with child custody matters, especially when one or both parents are in the military. They can provide guidance on how military service may impact custody arrangements, support in understanding legal rights, and help with navigating court procedures. However, for more complex or specific cases, it’s often recommended to consult with a family law attorney as well.

Contact The Law Offices of Todd K. Mohink, PA

Child custody in military divorces is handled with special attention to the unique demands and challenges of military life. Military service introduces factors like frequent relocations, deployments, and the impact of duty stations that complicate the decision-making process. Military parents may need to work with experienced family law professionals to ensure that their custody arrangements are flexible and fair.

If you are a service member facing a divorce or custody issue, consulting with a lawyer who understands both family law and military regulations is essential to protecting your rights and your child’s well-being. The Law Offices of Todd K. Mohink, PA has the experience to guide you through this process. Contact us today to get the legal support you need.