Parents can face various complex emotional or legal issues when resolving disputes over child custody. However, pursuing a custody case while serving in the military can involve unique challenges not faced by civilian couples. Understanding the differences between military and civilian custody cases can help you better understand your rights as a military parent. 

Basics of Custody Cases

In custody cases, courts must determine custody arrangements and parenting time schedules based on the best interests of a couple’s child or children. A court will consider various factors when evaluating the best interests of a child, such as parental fitness, living arrangements, and stability. Custody cases can avoid complications when both parents live in the same area. However, in military families, one parent may frequently move around or receive orders to deploy overseas for a limited period. 

Unique Custody Challenges for Military Families

Some of the unique issues in child custody cases that can arise for families with parents in the military include:

• Possibility for relocations or sudden deployments
• Unpredictable work schedules
• Difficulty maintaining stable parent-child relationships
• Needing to undertake long-distance parenting

Legal Differences Between Civilian and Military Custody Cases

Some of the primary differences between civilian and military child custody cases include:

• Deployment consideration: Civilian cases do not have to account for disruptions to the child custody arrangement that can occur with military service obligations. However, courts may have to account for the possibility of military parents’ deployment if a parent serves in a combat or support role. 
• The Servicemembers Civil Relief Act (SCRA): The SCRA provides multiple protections to military parents, including the right to request delays for custody hearings while deployed, prohibitions on the issuance of permanent custody orders during a parent’s unavailability to appear in court, and protections that preclude altering pre-deployment custody orders solely due to a parent’s deployment. Conversely, civilian parents do not have such protections. 
• Temporary and permanent custody orders: Courts in military child custody cases may utilize temporary custody orders to change parenting arrangements during a parent’s deployment before reverting to the permanent orders. However, civilian parents may not enjoy such flexibility due to challenges caused by civilian employment. 
• Jurisdiction issues: A military parent’s shifting permanent assignments, which can take them to different states or countries, can raise jurisdictional matters in child custody cases more frequently than for civilian parents. 

Practical Implications for Military Parents

Having custody orders may result in various legal implications or requirements for military parents, including:

• The need for a military family care plan, which outlines arrangements for a servicemember’s children during the servicemember’s absence due to military duties, such as appointing caregivers, establishing financial support, and using legal documents like powers of attorney
• Family courts’ assessment of the stability of the home may change based on a military parent’s frequent moves due to reassignments or deployments
• Increased use of alternative parenting time arrangements, such as extended custody periods during summer breaks, electronic visitation, and liberal email/text communication privileges

Tips for Servicemembers Facing Custody Cases

Servicemembers involved in child custody cases can best protect their rights and interests through best practices such as:

• Keep complete documentation of relocation or deployment orders and service-related obligations
• Create a detailed family care plan that addresses sudden unavailability due to duty obligations
• Understand the rights and protections afforded by the SCRA
• Seek representation from an attorney with specific experience in family law matters involving military servicemembers

Contact a Military Lawyer Today

When you or your ex serves in the military, resolving child custody disputes can involve special legal considerations. Contact Patriots Law Group today for a confidential consultation with a military family lawyer to learn more about the differences that make custody cases involving military parents unique compared to traditional civilian child custody cases.