According to the National Institutes of Health, military life can cause families to experience “multiple stressors.” National Veterans Homeless Support also notes that active deployment can be particularly difficult for families, taking an emotional toll on parents and children. Sometimes, these stressors lead to breakups, divorces, and separations. In this situation, parents must learn about how military custody works. The process is not always straightforward, and fighting for custody rights can be complex for military families. Parents who work alongside family law attorneys in North Carolina, South Carolina, and Tennessee may feel more confident about fighting for their custody rights in this scenario. Consider contacting a law firm that has experience with military custody issues, such as King Law Offices. We maintain offices across North Carolina in Forsyth County, Mecklenburg County, Watauga County, and Haywood County. We also have offices in York County, South Carolina, and Washington County, Tennessee. Consider contacting us at (888) 748-KING to continue the discussion about military custody rights.
Will I Lose Custody if I Serve in the Military?
A service member does not automatically lose custody just because they serve in the military. Family courts consider various factors when determining the best interests of a child, and involvement in the military may only represent one relevant factor. Judges also consider the connection a parent has with their child, their ability to support the child, and (in some cases) the preference of the child. If one parent has a history of substance abuse, violence, or domestic abuse, the family court will also carefully consider these past incidents.
That being said, family courts also consider the logistics of child custody. A parent who is actively deployed may find it challenging to spend much time with their child. They might also find it difficult to supervise the child on a regular basis, especially if they are stationed overseas for the foreseeable future. Family courts consider the connection a child has with their local community, school, and church. If these connections are strong, the family court may strive to keep the child in their local neighborhood. This could prove challenging for actively deployed service members who are fighting for their custody rights.
Can I Request a Transfer to Spend More Time With My Child?
Service members who are serious about positive military custody outcomes may wish to request transfers. This could be a particularly effective strategy for those actively deployed or stationed overseas. By requesting a transfer to a base or facility closer to the community of a child, a service member might be able to take on more parenting responsibilities. As a result, the family court may determine that the service member should receive shared or sole custody.
That being said, transfers are not guaranteed. Although many military commanders are sympathetic to parents who want to spend more time with their children, they could deny these transfer requests. As a result, service members may need to finish their terms or tours before returning to their children. Active duty enlistment periods can range from two to eight years.
The Servicemembers Civil Relief Act Can Help
The Servicemembers Civil Relief Act (SCRA) allows parents to delay custody cases until they can attend court or speak with lawyers. This law only applies to service members, and it may give parents some “breathing room” when fighting for military custody rights. Under the SCRA, civil courts must avoid making default judgments against service members who cannot attend court due to active deployment or other military matters. In other words, soldiers may not lose custody just because they did not show up to their hearings.
In addition, the SCRA forces courts to give soldiers 90-day delays before making decisions about military custody. This could give parents enough time to request transfers or go on leave. During this period, a soldier could return home and contact a family law firm like King Law Offices. A custody lawyer may be able to help a service member navigate this process through alternative dispute resolution (ADR) methods like mediation or collaborative law. Service members may be able to resolve custody disputes before returning to military duty – and before the 90-day grace period expires. In addition, it is worth noting that ADR discussions can occur virtually through video conferencing apps. This may allow parents to continue child custody negotiations after returning to active duty. Courts may also organize virtual hearings for parents who cannot attend court in person.
Parents Almost Always Have Visitation Rights
Parents may become concerned that they will never get to see their children again due to their military service. However, this is an extremely unlikely scenario. Family courts only take away visitation rights if a parent poses a serious threat to their child. Even if a parent receives sole physical custody, a service member should still have the right to visit the child on a regular basis. Family court judges typically strive to ensure that both parents play at least some role in the upbringing of their children.
Modifying Custody Rights After Returning From Military Service
Service members may attempt to modify their custody arrangements after returning to civilian life. For example, a soldier might need to complete two more years to finish their enlistment period. Although the other parent might gain sole physical custody during this period, the service member could petition for a modification of custody after returning home. This may lead to shared custody, and the child may spend equal time with each parent.
Learn More About Military Custody With King Law Offices
In many ways, service members experience the same challenges as civilians when approaching military custody rights. The same general laws apply, and family law courts decide outcomes rather than military courts. On the other hand, military custody can present distinct issues that civilians never have to think about. Active deployment can make it difficult for parents to attend court, and family courts may consider the effects of military life when determining the best interests of a child. Due to these specific issues, it may make sense to work with a family lawyer in South Carolina, North Carolina, or Tennessee who has experience with military custody. Consider contacting King Law Offices at (888) 748-KING to continue discussing this complex subject. We serve North Carolina cities such as Winston-Salem, Boone, Charlotte/Cornelius, and Waynesville. We also serve residents of Johnson City, Tennessee, and Rock Hill, South Carolina.