Overview Of How To Approach A Child Custody Case For Military Parents

An Overview of How to Approach a Child Custody Case for Military Parents

If you’re a military parent facing a child custody case, the process may seem daunting. Military life brings unique challenges that can complicate custody matters—deployments, relocations, and erratic schedules make it hard to manage custody arrangements. The good news is that with the right approach and preparation, you can effectively navigate the system and protect your rights as a parent. This blog will cover what to consider before moving forward, what courts evaluate in military custody cases, and the laws that protect your rights during deployment.

What to Consider as a Military Parent

The first step is to think carefully about your situation, your child’s needs, and how your military duties will impact the custody arrangement. Consider:

1. Your Military Obligations: If you have a deployment or a Permanent Change of Station (PCS) move coming up, how will that affect your availability for parenting duties? What are your plans for maintaining your relationship with your child during these periods?
2. Best Interests of the Child: Courts will always focus on what’s best for your child. Consider how your proposed custody plan will support your child’s emotional, physical, and educational needs. How will the plan ensure stability and minimize disruption?
3. Cooperation with the Other Parent: Courts prefer parents who can work together for their child’s sake. Be open to negotiation and flexibility, especially since military life can require sudden changes. The more you show a willingness to co-parent, the stronger your case.
4. Thorough Case Preparation: Proper planning and preparation are critical to ensure your case is in the best possible position when the court hears the evidence. Demonstrating that you are a responsible co-parent with a well-thought-out plan for your child is key. Be prepared with a plan for all aspects of your child’s life, including childcare, extracurricular activities, visitation schedules, holidays, and school arrangements. Courts look favorably on parents who communicate responsibly and consistently with the other parent. Maintaining a clear record of these communications can show the court that you are reasonable and committed to acting in your child’s best interest.
5. Legal Protections for Military Parents: Knowing the legal protections available to you as a military parent is crucial. The Servicemembers Civil Relief Act (SCRA) and state-specific laws (such as Virginia’s Military Parent Equal Protection Act) offer protections for military members, particularly when deployment or relocation is involved.

What the Court Will Consider

Every state has different laws when it comes to child custody, but most courts consider similar factors, particularly in cases involving military parents. Here are some of the main factors the court will typically consider in these cases:

1. Stability for the Child: Courts generally favor maintaining stability for the child. If a military parent is relocating or deploying, the court will evaluate how that change will affect the child’s daily life. Courts want to ensure that the child’s environment remains consistent—this includes schooling, living conditions, and emotional support.
2. The Child’s Relationship with Each Parent: Courts will assess the child’s bond with each parent and the role each parent has played in their upbringing. If the military parent has been heavily involved in the child’s life, the court may seek to maintain that relationship through creative custody solutions, such as virtual visitation during deployment.
3. Willingness to Co-Parent: Courts tend to favor parents who show a willingness to work together for their child’s benefit. Demonstrating that you’ve made reasonable efforts to negotiate a custody arrangement or mediation with the other parent can significantly strengthen your case.
4. Deployment and Relocation: Courts understand that deployment and relocation are inevitable for military parents, but they still want to ensure that the parent’s absence doesn’t negatively affect the child. Many states, like Virginia, have laws that prevent deployment from being used as the sole reason to modify custody orders. Courts often craft custody plans that account for future deployments, including provisions for virtual communication and leave time.

Demonstrating Reasonableness and Efforts to Negotiate

One of the most important things you can do in a custody case is to show that you are reasonable and have made efforts to resolve the matter without going to trial. Courts appreciate parents who prioritize their child’s well-being and can cooperate with each other. Here’s how to demonstrate reasonableness:

• Offer Flexible Custody Arrangements: Present a custody plan that is flexible and accommodates your military schedule, including deployments and relocations. This shows that you are thinking about the long-term needs of your child.
• Use Mediation: Before going to court, try mediation. Some states require parents to attempt mediation before a custody trial. Even if your state doesn’t, courts look favorably on parents who try to resolve disputes through negotiation and compromise.
• Avoid Alienating the Other Parent: Courts frown upon any attempt by one parent to undermine the child’s relationship with the other parent. If you can demonstrate that you encourage and facilitate the other parent’s involvement in the child’s life, it will reflect positively on your case.

Legal Protections for Deploying Military Parents

Military parents have specific legal protections when it comes to child custody, especially when deployment or active-duty obligations are involved.

• Servicemembers Civil Relief Act (SCRA): The SCRA offers protections to military members, including the ability to request a stay (postponement) of court proceedings for up to 90 days if your military duties prevent you from participating in the case. This can be especially important if you are deployed or otherwise unable to attend a hearing.
• State-Specific Laws: Many states have specific laws that protect military parents in custody cases. For example, Virginia’s Military Parent Equal Protection Act ensures that deployment cannot be used as the sole reason to modify custody. This law also allows a parent to delegate visitation rights to a family member during deployment, ensuring that the child maintains a connection with the deploying parent’s side of the family. Other states have similar laws, so it’s important to consult with a knowledgeable attorney.

General Advice for Military Parents in Custody Cases

If you are a military parent facing a custody case, keep these general tips in mind:

1. Plan Ahead: If you know a deployment or PCS move is coming up, start preparing early. Work with the other parent to create a plan that minimizes disruption to your child’s life.
2. Use Military Resources: Take advantage of military resources available to you, such as family support centers, legal assistance, and family care plans. These resources can help you create a custody arrangement that works within the confines of your military duties.
3. Hire a Military-Focused Lawyer: A lawyer who understands both family law and military life can be an invaluable ally. They can educate the court on the unique aspects of military life, such as the flexibility and resources the military offers to ensure you can maintain your parental role, even during deployment.

Why Working with Veteran Lawyers Makes a Difference

Navigating a custody case is difficult enough without the added complexities of military life. That’s why having a lawyer who understands the challenges of service—because they’ve been there—makes a difference. Veteran lawyers can effectively communicate to the court how military parents, despite deployments or relocations, can still be active, caring, and responsible parents. These attorneys know firsthand how critical it is for service members to be able to focus on their mission, knowing that their families are taken care of.

Call to Action

If you’re a military parent dealing with a child custody case, don’t go through it alone. Our military-focused firm is here to help you protect your parental rights and navigate the complexities of military service and family law. Contact us today to set up a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.