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Protections for military parents amid child custody issues

On Behalf of | Feb 23, 2024 | FAMILY LAW - Military Family Law

Most family law issues can go through different resolution options based on the household’s circumstances. Sometimes, the process of settling child custody concerns can vary if one of the parents is an active-duty service member. Military service comes with different restrictions, affecting how parents can address legal matters.

Fortunately, unique methods and strategies exist to help military parents resolve custody issues without suffering adverse effects that may arise from deployment. When resolving child custody and parenting time concerns, military parents can receive various protections, including the following:

  • The court will not finalize the custody order immediately when the military parent is gone for deployment. Instead, the court can wait around 90 days after the deployment or until it ends.
  • A custody order cannot have the military parent’s deployment as the only factor for modification. However, the custody order can undergo temporary modification if reasonable to accommodate the military parent’s deployment.
  • Courts can conduct expedited hearings regarding custody and parenting time to accommodate limitations faced by the military parent.

The law has other provisions involving timelines and coordination to help meet the military parent’s schedule and other needs. The extent of leniency can vary, depending on the family’s circumstances and the military parent’s situation, affecting their ability to fulfill legal requirements.

Complications faced by military families

When a parent is in the military, it can be inevitable for everyone in the family to face challenges, especially when going through legal issues. The law has provisions to accommodate these scenarios because serving the country should be an honor, not a hindrance to parent-child relationships. These provisions may make the situation more complex, but they are necessary to help preserve the rights of military parents and their families.