Under New Jersey law, when parents get divorced and the court has to make a child custody ruling, the parents’ employment status—and the nature of that employment—may be considered. This can affect their availability and may impact their custody rights.
For instance, a parent who has less availability to be a main caregiver may be given visitation rights so that they can still maintain a relationship with the child when they are at home. However, they may not have primary custody because it would be impossible for them to provide a stable home life for the child.
As such, military service can significantly impact custody rights after a divorce. If you’re in the military and may be deployed or required to serve overseas, the court might give you visitation rights to see your child when you’re home, while your ex has primary custody most of the time.
Leaving the military
When you leave military service, it may be necessary to modify the custody arrangement. For instance, perhaps you were only signed up for a four-year term in the military. If you have a two-year-old child, they will still be a minor when you leave the military.
Returning to the United States and taking a civilian job could dramatically change your availability. Suddenly, you may live in the same city or state as your child, and you may work a normal 9-to-5 job. If you want to gain shared custody, it may be necessary to ask the court to modify the custody arrangement. This would replace your visitation rights with a custody schedule, allowing you and your ex to more evenly share time with your child.
It is important to go through the proper legal channels to make these modifications, so be sure you understand the steps you’ll need to take.