According to a 2015 paper from the National Center for Biotechnology Information, various aspects of military life can increase the risk of divorce. These include post-traumatic stress disorder (PTSD), disfigurements, and traumatic brain injuries (TBIs). The National Institutes of Health also indicates that the divorce rate for military service personnel is significantly higher than that of the civilian population. Active deployment can pose distinct threats to relationships, including infidelity. One of the most important priorities for those navigating military divorce is child custody. Although fighting for custody rights can be challenging for those deployed in different states or countries, a North Carolina child custody lawyer may be able to help. Many of these legal professionals have experience with military divorce, and they know how to navigate its various challenges. To learn more about the next steps, consider calling King Law Offices at (888) 748-KING.
The Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) could be helpful in the event of a military divorce. This law grants certain legal protections to active-duty service members, and its details are quite complex – applying to everything from foreclosures to the deferment of income taxes. Many of these protections help service members who cannot be physically present during civil cases. If a service member finds themselves in this situation, the SCRA may prevent the court from making “default judgments” against them. Among other things, civil courts must provide a delay of at least 90 days before issuing these judgments. The court must also appoint a lawyer to represent a service member who cannot attend court – although service members can also choose their own lawyers from firms like King Law Offices.
According to the American Bar Association (ABA), the SCRA applies to all civil cases – including child custody cases. As a result, family courts in North Carolina may be prohibited from making default judgments on custody decisions – and they must grant deployed service members a delay of at least 90 days. This may be enough time for service members to organize time to take “leave” and physically attend court – but it all depends on where the soldier is stationed.
How Does the SCRA Help Me Fight for My Custody Rights?
The ABA notes that the SCRA can help service members fight for their custody rights in various ways. First, this law could prevent a family court from issuing any permanent orders that modify existing custody arrangements until the primary custodial parent can return from active deployment. In addition, the SCRA states that courts cannot consider the absence of a deployed service member to be the sole deciding factor when determining the best interests of the children for custody purposes. However, this only applies if the military absence occurred after the initial child custody order was issued.
Parents may create shared custody agreements when they live together in North Carolina. If one of these parents is a service member who must deploy to another state or country, they may be absent for an extended period. In this situation, the other parent may need to become the sole custodial guardian during the deployment. However, the SCRA states that the original custody order must be reinstated when the service member returns. If the other parent wishes to challenge this, they must present proof that the reinstatement of the original custody order is not in the best interests of the child. The SCRA also allows a deployed service member the right to “delegate” their visitation rights to third parties – such as grandparents, stepparents, siblings, and so on. In other words, the SCRA lets family members “check in” on children on behalf of deployed service members.
Residency Requirements for Custody Cases in North Carolina
The U.S. Department of State notes that service members may face challenges during military divorce due to the various residency requirements of specific jurisdictions. In North Carolina, spouses can file for divorce if one partner has lived in the state for a minimum of six months. This can be challenging for active-duty service members deployed in different states or countries. To finalize child custody agreements, married spouses must file for divorce and navigate the entire process – along with property division, alimony, and child support. This is because various aspects of divorce can affect child custody, and it makes sense to handle all of these issues at once. For example, property division can affect child custody because it may determine who gets the family home. Family courts often try to keep children in their family homes if possible.
If the spouse of the deployed service member has lived in North Carolina for six months, these residency requirements should not be problematic. However, many military families travel frequently – and they may not remain in one place for very long. A military family might pay taxes and own property in one state (their legal domicile). However, one spouse might live on a military base in a different state – while the other spouse might be deployed in a different country. In this situation, spouses may wish to determine the most beneficial jurisdiction in which to file for divorce. Note that many courts now allow “virtual hearings,” and a service member may be able to attend family court through video conferencing. The North Carolina Judicial Branch refers to this as a “Webex Video Hearing.” That being said, a family court judge still has the authority to order a service member to attend a custody hearing in person along with their child.
Can King Law Offices Help With a Military Divorce?
Every parent has the right to fight for their custody rights, whether they are a civilian or an actively deployed service member. Soldiers should not have to face excessive challenges during a military divorce simply because they chose to serve their country. That being said, a military divorce can be complex – and it may be worth discussing the process with an experienced child custody lawyer in North Carolina. Consider working with a lawyer who has specific experience with the various issues a service member might face as they fight for their custody rights. To continue discussing custody challenges for deployed service members, call King Law Offices at (888) 748-KING.