How Does Custody Work If One Parent Is in the Military?

Handling child custody arrangements can be challenging, and the process can intensify when one or both parents are in the military. Military life can be unpredictable with deployments within the country and abroad, so sharing parental responsibilities can be complex.

If you’re a military parent, you should familiarize yourself with child custody laws that may affect your parental rights. We’ll discuss the child custody status of military parents to provide some clarification and give military families the chance to plan for the future.

Can a Military Parent Get Full Custody?

Yes, a military father or mother can obtain full custody of their children because an active-duty member has the same rights as a civilian parent. The most significant difference is the possibility of a military parent getting deployed abroad and spending months away from home.

On the other hand, most child custody cases that involve at least one military parent result in joint custody to provide the child the opportunity to grow up with both parents. If you’re a military member with full custody of your child, you may want to explore temporary custody agreements in case of military relocation where you can’t bring your child.

Whether you have sole custody or share one with another parent, you should prioritize communicating with the child, especially if you are deployed.

Will Military Service Affect My Child Custody Status?

In most cases, the court tries to give both parents joint custody to allow their child to grow up with both parents. A military parent is provided the same rights as a civilian parent, so your active duty service won’t affect child custody.

A military parent can get sole custody if it can be proven that this arrangement is in the child’s best interests. Further, a court can’t deny a military member custody because of their active duty service. However, a deployed parent might have to explore temporary custody agreements if their military service requires them to move and they can’t take their children.

You can seek advice from your military base’s legal assistance office to learn more about your legal rights as a service member. You may also confer with other parents in the military community to get additional support.

All About Uniform Deployed Parents Custody and Visitation Act

Many states have embraced the Uniform Deployed Parent Custody and Visitation Act, legislation that safeguards the legal rights of military parents. This law stipulates that a court can’t consider service members’ possibility of getting deployed overseas as a determining factor in a child’s best interests.

This law stipulates the court can’t take a possible deployment against a parent, but it can be a determining factor if it can be proven that it would have a significant impact on the child’s well-being.

Another law military parents should know about is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law stipulates that child custody cases should be held in the child’s home state.

Who Gets Child Custody When a Parent is in the Military?

If you’re wondering how custody works if one parent is in the military, it depends. A service member won’t be discriminated against because of their service. It may even be possible for a parent-sole custody situation to happen. Military service members aren’t granted automatic custody of their children but have the same rights as civilian parents.

Custody Arrangement for Dual Military Families

The custody agreement process can be more challenging when both parents are service members. Both parents might be deployed at the same time, leaving the child without a parent. If this happens, they must leave the child with a trusted guardian. In case only one parent is deployed, the other parent will take care of the child full-time.

Highlighting Military Family Care Plans

In a military divorce, you must follow a court-ordered parenting plan. This plan might not cover what proceeds with a sudden deployment, so a military family care plan can help clarify things.

Military family care plans discuss the next steps if a parent gets deployed overseas. This plan should be extensive, including the following pertinent details:

• The child and military parent’s names and contact details
• The caregiver’s name and contact details. In most cases, the caregiver should be at least 21 years old, and there should be an alternate option if the first one is unavailable. Different caregivers for short-term and long-term absences may be provided.
• The other parent’s name and contact details
• Child support information in your absence
• Guardian if the military parent passes away

When the service member is given sole custody, select states consider a change in custody agreement. That’s why service members must appoint legal guardians who can care for their child if required.

How the Servicemembers Civil Relief Act Impacts Child Custody Cases

The Servicemembers Civil Relief Act (SCRA) is another law that might affect a service member fighting in a child custody case. This federal law stipulates that you can stay or delay administrative proceedings like child custody cases if your military service affects your ability to appear in court. You can delay the proceedings for at least three months if you activate your SCRA rights.

To activate your SCRA rights, you must obtain proof of military service. SCRACVS can help service members get evidence that they’re on active duty to delay administrative proceedings and focus on serving the country.

Final Words

Military members have to face unique challenges, including navigating child custody. Fortunately, laws such as the SCRA can help ease some challenges. If you want to maximize your rights as a military parent by verifying active duty status, Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Will I Lose Custody If I Join the Military?

No, active duty service won’t deny you your parental rights, so this shouldn’t hinder you from joining the Armed Forces. However, state laws may account for your active duty service when determining child custody.

Does the military accept single parents?

Yes, but the aspiring service member must prove their child is with the other parent or guardian. You can’t give up child custody because you intend to serve in the Armed Forces.

How does having a military parent affect a child?

A service member’s child may have to deal with frequent relocations because of their parent’s job. If their parent is deployed, they might be anxious over the possibility of their parent getting hurt.