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Does being in the military affect your custody rights?

| Nov 13, 2019 | Family Law |

If there is anything that’s difficult, it’s being away from your child when you’re deployed. Now that your spouse has approached you with a divorce, you realize that this could mean even more time away from your child.

There are some key issues in military child custody cases. For instance, you do have to consider what would happen during deployment and how your child would be cared for. You have to consider the possibility of moving from one base to another, potentially internationally.

While many of the same factors that influence civilian cases will affect yours as well, you know that there will be many that are military-specific. Reassignments and deployments could mean that you can’t take the time to care for your child or may have to make them move from somewhere they’re comfortable with, and that’s difficult to deal with.

If you’re in the military, these factors can be considered and addressed

Being in the military doesn’t mean that you can’t have custody of your child. Many military members do. It’s important that you do include custody or visitation provisions to make it easier to know what happens in those situations.

Some people worry that their military status will hinder their ability to receive custody, but that’s not true. Your military service should not have a negative impact on your custody rights. The majority of jurisdictions will place a child where their needs will be best met, and if that’s with a military parent, then that is where they should end up being placed.

Your attorney will speak with you more about your custody rights and what to expect based on the specifics of your case.