Military Relocation and Child Custody: Legal Rights & Rules

Military families go through plenty of unique challenges, which can affect a child’s life in so many ways. Military service often calls for service members and their dependents to move across states and in some cases, overseas.

But what happens when the military member has to move but is facing a child custody battle simulaneously? We’ll discuss relevant information military parents should know when relocating for work while dealing with a custody agreement case.

Child Custody Rights Under the Military

Determining child custody arrangements can be tough for any parent, but a military parent seeking relocation faces unique circumstances. Fortunately, laws and specific processes are in place to help determine one’s child custody status fairly.

Rights Provided by the Servicemembers Civil Relief Act 

The Servicemembers Civil Relief Act (SCRA) grants legal and financial protections to active duty service members in order for them to focus on their military duties. These protections make it easier for a military member on a mission to manage his or her financial obligations.

Among the various protections military parents can benefit from is the ability to delay civil court proceedings for at least 90 days. Child support and custody cases are considered civil actions, which means a relocating parent can take advantage of this SCRA benefit.

While the SCRA doesn’t guarantee that the military parent would obtain primary custody of their child, it gives them more time to hire a good family law attorney. Moreover, the court can extend this delay if it can be proven that the service member would need it. The civil case can only proceed if there’s a court order.

Another helpful SCRA provision is protection from default judgments. The parent in the military can cancel a default judgment if it can be proven their military service has made it difficult for them to participate in court proceedings.

Creating a Family Care Plan

Before a military relocation, the military parent and co-parent should take time to arrange for a family care plan. This plan details who’ll provide care for the child or children logistically, medically and financially if the service member is gone for military duty. It fundamentally indicates who’s to be a child’s guardian in case the parent in the Armed Forces has to leave for military duties.

If a military parent is ordered to relocate for work, it should be made official that the child would stay with the other parent at that period. If the responsibility is to be delegated to another person, this plan should specify that person accordingly.

An official family care plan is required for all military families, regardless if there’s a child custody battle or not. This plan should be updated if necessary for the child’s best interests.

Uniform Deployed Parents Custody and Visitation Act (UDPCVA)

The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) permits states to adopt a process courts can utilize when dealing with unique child custody arrangements. This law comprises five articles that address issues that arise when a military parent is affected by custody proceedings.

• Article 1 details general definitions and provisions. This section requires the military parent being deployed to advise the other parent of their deployment orders as soon as they can. The court isn’t allowed to consider one’s past or future deployment when deciding the child’s best interests.
• Article 2 dictates the process for both parents to make agreements out-of-court to visitation and custody rights when deployed.
• Article 3 talks about expedited proceedings for parents in disagreement for the agreement to be finalized before the military parent gets deployed. This article bans permanent custody to be determined if the deployed parent doesn’t give their consent.
• Article 4 discusses the process for the discontinuation of a temporary custody agreement when both parties are in agreement. The court must intervene if they don’t.
• Article 5 is about the uniform act language and the date of effectivity.

State Laws Regarding Military Child Custody

While there are federal laws that govern military relocation and child custody, there are also state laws that service members should familiarize themselves with. All US states are military custody protection states and safeguard service members’ rights in their child custody laws.

These state laws make sure that separation or divorce, which was caused by military service obligations, won’t affect one’s child custody arrangements. While state laws have various protections, all of them post at least one of these provisions:

• Permanent orders that change existing custody agreements aren’t allowed while the parent with primary custody is gone before military service duties.
• Absence due to military obligations shouldn’t be the primary basis for changing a custody agreement which was agreed upon before the absence.
• The custody arrangement agreed upon before the parent working in the military was absent should be reinstated at a particular time once they return from deployment. This is unless there’s proof this wouldn’t be in the child’s best interests. The non-absent parent should provide proof.
• The custody arrangement that was set in place before the military parent was absent should be reinstated within a set time once the military parent returns. However, this is not true if there is proof that it is not in the child’s best interest. The parent who is non-absent should provide the evidence.

Moreover, 38 states have provisions that cover service members’ visitation rights when deployed by allowing these rights to be passed on to someone else.

Can a Military Father or Mother Get Full Custody?

Yes, a military mother or father can get full custody of the child as any other parent. The main distinction is that this parent might be sent away because of deployment orders and spend time away from home for extensive periods.

In most cases, however, joint custody is agreed upon not just because of the financial or emotional benefits of the child, but for their overall wellbeing. Regardless of the custody arrangement, it’s vital to have open communication with the co-parent for the child’s sake.

Factors Courts Consider in Military Custody Cases

• Best interests of the child as the primary standard
• Stability provided by the military parent (e.g., job security, healthcare, community support)
• Impact of relocation on the child’s education, social life, and well-being
• Provisions for maintaining contact with the non-deploying parent

How a Military Parent Can Navigate Child Custody Cases

Military parents have to go through unique challenges when dealing with child custody. However, it’s not impossible to balance military service and obligations as a parent. Here are some helpful tips to better manage these tricky situations:

• Communicate with the other parent for the child’s best interests: Both the parent in the military and non-military one should be transparent for the sake of the child. While they may have their differences, they must be open to one another so they can both give the child the best care.
• Alter the custody agreement if your current custody agreement doesn’t cover military relocation: Existing custody arrangements aren’t craved in stone. If you’re a relocating parent, you should be open to changing the custody agreement and consider what’s best for the child.
• Seek help from military resources to help you through the challenges of the emotional strain of child custody cases: Military members can seek legal assistance from the Armed Forces. Aside from legal aid, they can also seek counseling and support from other military community members who have undergone the same situation.
• Activate SCRA rights: The Servicemembers Civil Relief Act can be helpful in dealing with child support cases. However, service members must proactively request SCRA protections. They’re not always automatic.

Conclusion

Child custody battles can be tough to handle, regardless of whether you’re from the military or not. Fortunately, laws like SCRA exist to help military members manage military relocation and child custody. You need to prove you’re eligible for SCRA protections, which is where SCRACVS can help. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Does my new spouse automatically receive legal custody of my child if I am deployed overseas?

It would depend on the existing custody agreement and family care plan. Child custody can be complex matters and a lot of factors are considered.

How does having a military parent affect a child?

Having a parent in the military can significantly affect a child’s life in different ways. There’s the stress that comes with the job, the frequent moves, and the possibility of extended absence. However, having a military parent isn’t all bad. Military dependents such as children can get SCRA protections and other benefits through their parents working in the military.

What can stop you from getting joint custody?

Different factors can stop you from getting joint custody. These include child neglect or abuse, mental health issues that affect your ability to take care of the child, domestic violence history, and the like.

What is the family care plan for the military?

The family care plan details who’ll provide care for the child or children logistically, medically and financially if the service member is gone for military duty. This plan must be updated regularly to address the child’s needs.

Can military parents win custody battles?

Yes, like any other parent, military personnel can win custody battles. There are laws in place that ensure they won’t get discriminated against because of their military duties. These matters are determined on a case-to-case basis, but a parent’s military duties shouldn’t be grounds for discrimination.

What happens if both parents cannot agree on a new custody arrangement after deployment?

The court will get involved to help the military service member and non-relocating parent with the custody agreement. Seeking legal assistance is the best way to navigate these tricky situations.