Child Custody & Military Divorce
Understanding Family Care Plans
Military members with children face a variety of complicated child custody
issues, especially if they are divorced or
separated. Military service can affect your child custody plan in a number of ways.
For instance: frequent
relocation may force service members to give up custody of their child. Additionally,
deployment might cause the parent to temporarily yield custody of the
child, only find a difficult child custody battle waiting when he/she
returns home. Sometimes, military service members establish a "Family
Care Plan" to protect their rights as custodial parents.
Family Care Plans can help avoid these problems by delineating who will
take care of your child or children when you are deployed or relocated.
The plan can list temporary caregivers (if you are deployed without notice)
and long-term childcare providers, if needed. Some parents are required
to create a Family Care Plan. If you are a single parent, in a dual-military
marriage, primarily responsible for a dependent, the military will require
you to establish a Family Care Plan. Although the plan is not limited
to divorced couples, it may be useful if you are a divorced parent.
Divorce, Relocation, and Child Custody
In some states, relocation can have a serious impact on your child custody
agreement. Typically, child custody laws are determined by state law instead
of federal law. In some states, parental relocation is grounds to change
your child custody agreement. If a service member is relocated or deployed,
he/she may forfeit child custody. Even if custody is not automatically
changed, the child's other parent may attempt to pursue a modification
in court. If you are looking toward a
military divorce, speak with our team of attorneys today. We can help you make sure that
your divorce agreement addresses important issues like custody and relocation.
Military Service Members' Rights
Under the Service Members Civil Relief Act (SCRA), military members can
enact a stay of court and administrative proceedings when they are called
to active duty. The SCRA applies to active members of the armed forces,
the National Guard, members of the Reserve, and members of the Coast Guard.
Although the SCRA is not restricted to divorce proceedings, it prevents
service members' spouses from pursuing a child custody
modification while the service member is called to active duty.
Under the SCRA, active duty service members have the right to postpone
court or administrative proceedings related to child custody for at least
90 days. The service member must request the 90-day stay in writing. After
90 days, the stay can be extended – but only at the discretion of
a magistrate, judge, or hearing officer. In short, the SCRA allows you
to stop any legal proceedings while called to active duty in the event
that your spouse attempts to change your child custody agreement while
you are gone.
Military Divorce Attorneys in Colorado Springs
At Clawson & Clawson, LLP we believe that military members and their
families have the right to pursue fair child custody agreements. Although
military divorces are technically the same as civilian divorces, they
are usually more complicated. If you're facing a military divorce
in Colorado Springs,
contact our firm today to see what our high-quality legal representatives can do for your
case. We have more than nine decades of legal experience; let us put it
to work for your child custody case! Child custody can be complicated,
but you don't have to settle for an unfair agreement. When you work
with our team, you can have pace of mind that a skilled attorney will
fight for your best interest through every step of the divorce process.
To see what Clawson & Clawson, LLP can do for you, fill out our
free, online case evaluation form today.