Military Spouse Separation & Their Rights to Children
Child custody issues for military families take on an interesting spin. While each state has specifics regarding child custody and visitation arrangements, the details are more complicated for a military family. Knowing how to manage some of these issues is key.
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Military Lawyer
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The first step in settling child custody between military parents is to contact a military lawyer. Although lawyers in the community can handle the divorce and custody arrangements, a military lawyer is more capable of handling the unique situation.
State of Domicile
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While there are state and federal laws concerning child custody, the military spouse will most likely be held by laws in his state of domicile or residence. Usually, this would be the state where he is stationed on active duty, but this may not be the case. This is the first issue to settle in order to know how to proceed. The military lawyer can assist with determining the state of domicile and applying the applicable laws.
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Parental Custody and Duty Requirements
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Obtaining arrangements for custody and visitation will depend on the state of domicile and filing. Again, this is usually the state where the military person is on active duty. Most states are equitable in dividing custody between parents. The one major issue is custody during times of the military spouse's deployments. A military lawyer can write up a divorce arrangement to include this special circumstance.
Moving Out of State
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A military custody arrangement will need to include arrangements for visitation out of state and for travel arrangements in order to get the child to his military parent. Most divorces make arrangements with the assumption that parents will be in the same state. With the potential for one or both parents to be constantly moving, arrangements for out-of-state visitation and custody need to be addressed.
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References
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