Be Proactive With Child Custody

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.

“Who’s watching the kids?” can be a complicated question for some military families. Usually, a military spouse will maintain custody of the children during deployments. However, for dual-military couples or single military parents, this may not be an option. While every parent should have a plan, it is critical for parents with special circumstances to be prepared.

Understanding custody rights

“Be prepared” are words to live by in the military. It’s also a good rule to carry over into your personal life. Having to deploy or relocate can affect your custody or visitation arrangements.

Being prepared for disruptions can help you protect your rights. Whether you have visitation rights with or custody of your children, you need to designate and prepare a caregiver.

The first thing to know is that each state has its own custody laws, and the Servicemembers Civil Relief Act protects the rights of service members in custody cases.

For help in making your plan:

• Reach out to a military legal assistance lawyer for legal advice.
• Call Military OneSource at 800-342-9647 for help on custody issues.
• Contact your branch’s Legal Assistance Office within the continental United States.

Altering your custody agreement

If your custody agreement doesn’t reference military relocation, you can work with the court and your child’s other parent to modify the order. You will need to give a compelling reason for moving the child. You also might have to prove that the move would benefit the child. Sometimes, frequent moves or deployments require service members to temporarily give up custody. Contact a military legal assistance attorney to find the processes and protections available for your particular case.

The Servicemembers Civil Relief Act protects your legal rights when the military orders you to deploy, PCS or serve on active-duty. Under the SCRA, individuals can obtain a stay or postponement of court or administrative proceedings (but not criminal proceedings), if military service interferes with their ability to appear in court. Seek military legal assistance attorney advice on your next steps.

If the other parent attempts to change the child custody status while you are deployed, you can invoke your rights under the SCRA to postpone the hearing.

Military life often involves deployment or relocation, but you have multiple resources — which are often free. To minimize the impact on your children, do the following:

• Reach out for legal help.
• Develop a family care plan.
• Prepare ahead for your newest transition.

If you need the assistance of an attorney who knows the ins and outs of military family child custody issues, contact your military Legal Assistance Office, MilitaryOneSource.mil or call 800-342-9647.

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.