Special Considerations and Challenges for Custody Arrangements for Military Families
Child custody issues are challenging, no matter the circumstances. For many families, establishing a custody order or altering an existing custody arrangement means a significant change in the family dynamic, which can be difficult for both the parents and the children. However, these issues are often even more complex for military families who have to deal with exceptional circumstances, such as deployments and relocations. If you are going through a divorce or a custody dispute, you need to speak with an attorney who has experience specifically working with military families and who can ensure your rights and interests as a parent are represented. Below, we discuss some special considerations and challenges military families in Central Virginia face when navigating custody arrangements.
The Best Interests of the Children
The family court system is supposed to be built around the children’s best interests. Judges have the responsibility to make decisions regarding legal custody and parenting time that reflect those interests while also upholding the rights of the parents. In most cases, it is believed that it is in a child’s best interests to have access to and a relationship with both parents.
However, various situations can arise in custody disputes that can make the children’s best interests more difficult to determine. This can include mental health concerns or substance use issues for the parents, but it can also be more logistical complications, such as the parents living in different states. A child custody attorney can help you understand how the family court system identifies and evaluates the children’s best interests regarding custody and parenting time.
Determining a Functional Legal Custody and Parenting Time Arrangement
When parents divorce, determining how legal custody and parenting time will be handled is one of the most critical concerns. However, these issues are more complex for military families. Servicemembers have strict schedules and often need to be available around the clock or at odd hours, which may make traditional custody and parenting time arrangements impractical. However, parents are not locked into the standard schedules. They are free to propose an arrangement that they believe will work best for their family, and if both parents agree, the judge is more likely to sign off on it and turn it into an official order.
These negotiations can be delicate, as neither parent may want to sacrifice any time with their children voluntarily. However, a skilled custody attorney can help negotiate these terms on your behalf and may suggest alternative strategies, such as mediation, to try to get to a compromise more efficiently.
Deployments
It is common for custody arrangements and parenting time schedules to be made with the assumption that the parties are living in reasonable proximity to each other and that both are able to exercise their parenting time. However, this isn’t always the case in military families. A deployment can mean that a parent may not be able to care for their child for weeks or months at a time, which can significantly complicate matters if the parents have shared legal custody or shared parenting time.
In some situations, it may be possible to have a custom custody agreement that allows the nonservicemember parent to have sole custody when the servicemember parent is deployed. This ensures that the present parent does not need to try to contact the servicemember while they are deployed or get their permission for any issues that come up, such as the child needing medical care. When the servicemember returns, the custody arrangement can default back to shared parenting.
Relocations
Military families often have to move frequently and with little notice as the servicemember’s assignment changes. When the parties are divorced, however, it is less likely that the entire family will be making the move. This can result in a long-distance custody arrangement, which generally gives one parent primary physical custody of the child, with the other parent having extended parenting time over summer breaks and holidays. If you are concerned about how a relocation may affect your relationship with your child and your ability to be an active presence in their life, talking with a custody attorney is the first step in understanding what your options are.
The Rights of Military Parents Under the Servicemembers’ Civil Relief Act
Divorce and child custody cases often take months to resolve, but any filings you are served generally still need to be responded to promptly.
However, this can be difficult or impossible if you are on active duty. The Servicemembers’ Civil Relief Act provides protection for the servicemember parent in these cases by allowing them to request a stay in the court proceedings until they are able to be present for the hearings and be an active participant in their case. It also protects servicemembers from default judgments, which can traditionally happen if one parent files a motion and the other parent doesn’t respond in the allotted time or fails to appear in court.
These protections are designed to ensure that your military service isn’t used against you. The Servicemembers’ Civil Relief Act provides various other protections in family law cases, and an attorney can explain what it allows and how to ensure your rights as a parent and a servicemember are upheld.
Military families face unique challenges when it comes to child custody and parenting time, but they aren’t insurmountable. If you have questions about how active duty status may affect your custody case or how to protect your parental rights, contact Seiden Legal Group, PLLC.