Navigating the Battlefield of Divorce: A Service Member's Guide to Child Custody

For military families, the challenges of divorce are often compounded by the

In the embrace of a service member and their child, love knows no distance. A well-crafted parenting plan ensures that these precious moments are cherished, even amidst the challenges of military life.

unique circumstances of service. Deployments, relocations, and the complexities of military law can turn an already difficult process into a logistical and emotional minefield. One of the most contentious and heart-wrenching aspects of a military divorce is determining child custody.

This guide will help you understand your rights and the legal landscape surrounding child custody in a military divorce, so you can protect your relationship with your children and navigate this challenging time with confidence.

The "Best Interests of the Child" in a Military Context

In any custody case, the court's primary concern is the "best interests of the child." This standard considers factors like the child's age, emotional ties to each parent, and each parent's ability to provide a stable and nurturing environment.

However, a common fear for service members is that a court will view their military career, with its frequent moves and deployments, as inherently unstable. It is crucial to work with an attorney who can educate the court on the realities of military life and demonstrate that a service member's career can provide a structured and supportive environment for a child.

Protections Under the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) provides vital legal protections for active-duty service members. In the context of a child custody case, the SCRA can be used to request a temporary stay of proceedings if your military duties prevent you from attending court. This ensures that a custody determination is not made in your absence, and that you have the opportunity to be heard.

It is important to note that these protections are not automatic and must be properly invoked with the help of an experienced attorney.

Crafting a "Military-Proof" Parenting Plan

A well-drafted parenting plan is essential in any divorce involving children, but it is absolutely critical for military families. A generic parenting plan will not suffice. Your plan must anticipate and address the unique challenges of military life. Key provisions to include are:

• Deployment: The plan should clearly outline what happens to the custody arrangement during a deployment. This includes who the child will live with, how the non-deployed parent will facilitate communication, and a plan for reintegration upon your return.

• Relocation: Given the high likelihood of a Permanent Change of Station (PCS), the parenting plan should include provisions for how a relocation will be handled. This may include a process for modifying the custody arrangement and a visitation schedule for the non-relocating parent.

• Communication: The plan should detail how the deployed parent will maintain regular and meaningful contact with the child. This should include provisions for video calls, phone calls, and emails, and should be as specific as possible.

• Temporary Custody: The plan should stipulate that any change in custody due to a deployment is temporary and that the pre-deployment custody arrangement will be reinstated upon your return.

The Uniform Deployed Parents Custody and Visitation Act (UDPCVA)

Several states have adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This act provides additional protections for military parents, ensuring that a parent's deployment cannot be the sole factor in a court's decision to modify a custody order. An attorney familiar with the laws in your state can advise you on whether the UDPCVA applies to your case.

Secure Your Rights and Your Relationship with Your Children

Divorce is never easy, but for service members, the stakes are particularly high when it comes to child custody. By understanding your rights, utilizing the protections available to you, and working with an attorney who has experience in military family law, you can ensure that your service to your country does not come at the cost of your relationship with your children.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney for advice regarding your individual situation.