Military service members who get divorced typically negotiate or litigate a child custody order as part of their divorce decree or judgment. When this occurs, the custody order will be based  on the military parent’s current location at the time of divorce. But service members may receive Permanent Change of Station orders from the military that require them to relocate to another base, installation, or duty station. So how do you address child custody arrangements set by a finalized court order when you receive PCS orders? 

What PCS Orders Mean After Divorce

The military will issue a servicemember a Permanent Change of Station (PCS) order when it reassigns the servicemember to another duty station for a long-term assignment, usually two to four years at a minimum. PCS orders may assign a servicemember to CONUS – a location inside the 48 continental states and the District of Columbia – or OCONUS – a location outside the 48 continental states and the District of Columbia, including Alaska or Hawaii. A PCS order can cover a servicemember’s travel expenses, including the cost of relocating the servicemember’s family (such as moving personal or household items)

Receiving PCS orders after divorce when you and your ex have minor children can upend your family’s existing custody arrangement, as you may move to a different state or country for several years. Depending on your new duty station, continuing your family’s custody arrangement may become difficult or impractical. 

Custody Arrangements and PCS Conflicts

Custody orders issued by a court remain binding after a divorce, even if a family’s circumstances change due to factors such as PCS orders. A military parent’s PCS orders can create conflicts over the family’s custody arrangement. For example, when a non-custodial military parent receives PCS orders, they may become unable to continue exercising their parenting time. Conversely, when a custodial military parent receives PCS orders, they cannot relocate with their children to another state or country without the court’s approval, as state custody laws often prohibit relocating children subject to custody orders from the state. 

Options When Facing PCS Orders After Custody Is Final

Military parents have several options for addressing child custody challenges after receiving a PCS order, including:

• Requesting a modification of custody: Receiving a PCS order may constitute a change of circumstances under applicable state child custody laws that may support a modification of a custody order.
• Long-distance parenting plans: Parents and courts may negotiate changes to custody orders that facilitate long-distance parenting for a relocated military parent, such as extended custody periods during school breaks or virtual parenting time via video calls or text messages.
• Negotiating with exes: Military parents should try negotiating a favorable custody arrangement based on the servicemember’s relocation to avoid costly and time-consuming litigation. 

Practical Tips for Parents Handling PCS and Custody

Parents who receive PCS orders can handle the effects their relocation may have on their family’s child custody arrangement by following best practices such as:

• Acting promptly: Military parents should work to address how their PCS orders will affect their custody arrangement as soon as they receive orders, rather than waiting until their move date approaches.
• Proactively communicating: Parents should work cooperatively with co-parents to reach a mutually agreeable solution to a military parent’s move. 
• Seeking legal advice: Military parents should obtain counsel from a military family law attorney to understand their rights and obligations under federal law and state child custody laws. 

Contact a Military Family Law Attorney Today

As a military servicemember, your living arrangements can change unexpectedly when you receive orders to relocate to another duty station. Receiving PCS orders can cause significant stress and worry, especially when you have a custody arrangement with an ex-spouse; however, various solutions can help you preserve your relationship with your children. Contact Patriots Law Group today for a confidential consultation with a military family law attorney to discuss your legal options for protecting your child custody rights when you receive PCS orders.