Military life often means constant moves, sudden deployments and orders that cross state lines. When divorce enters the picture, these realities can make custody agreements difficult. If you are a service member, having a clear understanding of your parental rights during these transitions is essential.
Why military relocation complicates custody
Military relocations can disrupt custody agreements in a few ways. A new order can change your housing and disrupt your caregiving schedule. Your child may have to switch schools often, sometimes with little notice.
Moving frequently can also create legal issues when parents live in different states. Coordinating parenting time across time zones can be a nightmare.
Courts must weigh these challenges against a child’s need for stability and their relationships with both parents.
How the law protects custody rights
The Servicemembers Civil Relief Act (SCRA) protects service members. This federal law stops courts from denying custody solely due to deployment. The court cannot deny a service member custody just because they are in the military.
These protections, however, have their limits. The SCRA does not guarantee you will win a custody dispute or prevent all changes to your parenting plan. If a relocation genuinely disrupts a child’s stability, a judge may still modify the custody arrangements.
Any custody changes during a service member’s absence should be temporary, with the original agreement restored within a set time after the military parent returns.
How to protect your custody rights
In any custody dispute, the first step is to document everything related to your custody agreement. You need to keep records of:
- Your involvement in your child’s life: Keep a record of when you attend events at school, take trips to the hospital and participate in extracurricular activities with your child.
- Communication logs: Save records of video calls, texts and emails with your child.
- Childcare plans: Have written agreements for who will care for your child during your absence. Document any schedule changes with the other parent.
It is crucial to make your parenting plan flexible and comprehensive. It must clearly outline provisions for both military and civilian life.
Courts focus on the child’s best interests. They look at which parent stays involved, keeps in touch regularly and plans responsibly for their child’s care.
Your documents can show judges that being in the military does not make you a less capable parent. Instead, they can prove that you have adapted to staying engaged and dependable despite the unique demands of military life.
Start planning before orders arrive
Getting a military divorce does not mean losing child custody rights. Federal protections exist specifically to prevent service members from being penalized for their military obligations.
When you receive relocation orders, start planning immediately. A family law attorney can provide you with guidance during a stressful and challenging time.
