Military Divorce Child Custody Laws
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You may need to make special considerations regarding child custody and division of military benefits. Child Custody Considerations In a Military Divorce Action Krinick Segall Moore Lawrence knows that child custody matters can be complicated especially when one spouse or both are subject to deployment orders.
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If you are in the military or a military spouse there are some additional factors that can affect your divorce and the percentage of the service members retirement that you will be entitled to.
Military divorce child custody laws. This legislation is tracked in NCSLs Child Support and Family Law Legislation Database under the Custody and Visitation - Military Parents topic. However military parents are generally aware of the possibility that they will move out of state and can include custody or visitation provisions in the event the military parent is deployed. Under normal circumstances a parent cannot simply remove a child to another state without violating the custody order or child relocation laws.
If both parents can agree on a mutually beneficial child custody and visitation schedule that works out nicely. Going through a divorce and trying to work out an amicable child custody agreement is a stressful process even under the most mundane of circumstances. If you need information or representation regarding a military divorce or child custody law contact Clement Law Center online or call 888-351-6779 or 253-336-3607 for a free consultation.
Understand that when only one parent is in the military and the parents share custody the civilian parent will typically be awarded care of the child when the service member is unavailable. Below are links to information about divorce and child custody laws in all 50 states and the District of Columbia. Mary Commander a Norfolk Virginia divorce lawyer who handles many military divorces said that frequent deployments can also affect the ability of a service member to get full custody of the.
Attorney Russell Ray has worked with many military members in Virginia who face the unique challenges of a military divorce. However if the military parent has sole custody many states will allow that parents new spouse or other family member like the service members parents take over custody while they are on deployment. If you are a military family and are in need of legal assistance with a divorce child custody or separation agreements Lesley Turmelle Abbott PA can helpHaving been raised in a military family Ms.
Military Divorce Child Custody Visitation. A family law attorney who is not versed in military life and military law may not be able to properly advise you on child custody if you are your spouse is a service member. You and your military divorce attorney should have a detailed discuss about a number of issues before deciding on a plan to approach your child custody and child support case including the following.
A military spouse can argue for child custody but the decision may be complicated by military obligations. For divorce or legal separation situations that require representation in civil court or involve contested issues such as child custody spousalchild support or division of assets such as retirement pay youll want to consult with a civilian attorney. At one time there was a sort of unspoken presumption against service members obtaining custody particularly when men dominated the ranks of the military.
We can help you understand how your military status will affect these elements of divorce. Below is a map illustrating the states that have legislation a description of the Uniform Deployed Parent Custody and Visitation Act and a 50-state survey of how states currently address the issue. Abbott understands many of the unique needs attached to military service and she provides knowledgable representation for families in the military.
We remain available by email phone and video-conference for both new and existing clients. We will help you structure your Separation Agreement using all of the factors the court considers when issuing a Child Custody Order. However this is not always the situation and when deployment and out-of-state moves are part of the picture the situation can become complicated and confusing.
Legally military personnel who are getting divorced are no different than anyone else so the procedural process is the same. The custody order in place before the absence of a military parent should be reinstated within a set time upon the return of the military parent absent proof that the best interests of the child would be undermined. Military Divorce Support And Enforcement.
We remain available by email phone and video-conference for both new and existing clients. No permanent orders altering existing custody arrangements should be entered while the custodial parent is unavailable due to military service. When one or both parents involved in the divorce.
Click on your state for information about divorce fault doctrines annulment enforcement of child support payments and more. Military legal assistance offices can help with this. We handle divorce and child custody matters in Washington State throughout the greater Federal Way and Seattle-Tacoma areas as well as Pierce and King Counties.
We help families who are separated by military duty. Under current law Florida allows courts to issue temporary modifications to custody arrangements when a parent is deployed if doing so is in the childs best interests and the military parents ability to exercise parenting time will be materially affected. COVID-19 Update - Cunnally Law Group LLC is open and we are working remotely during this time.
One of the biggest concerns in military divorces is the child custody and visitation schedule. Our law office handles all types of family law matters. When the military parent has sole custody however many states consider a transfer of custody to the other parent to be a change of custody and its not uncommon for the court to allow the military parents new spouse or another family member like an aunt or uncle or grandparent to take over as the childs guardian during deployment if the military parent is the sole custodial parent.
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