Child Custody: What’s the Same in Military & Civilian Divorces
When it comes to child custody, there are many issues that remain the same in military versus civilian divorces. Just as with civilian divorces, a child custody case in a military divorce will still come down to what the court believes is in the child’s best interests.
This means that it is possible for a military parent to get full custody of a child if that’s what is best for the child, such as is the case in other divorces where one parent has substance abuse is sues or a history of domestic violence. In military divorces where things are more amicable, the parents still have the option to work with their lawyers to put together a parenting plan they can both agree to, asking the judge to sign off on that child custody arrangement. In many respects, a military child custody case would proceed as in any other divorce, just with notable challenges.
Military Parents & the Uniformed Deployed Parents Custody and Visitation Act
Also referred to as “the Act”, this federal law has been officially enacted by many states as well, though Massachusetts hasn’t enacted this as a state law. As a federal law, however, it still can come to bear on any military divorce, and as much can be left up to a judge’s ruling anyway, it is a law that family judges in Pennsylvania could still be willing to consider.
According to the Act, a judge is not allowed to hold a parent’s possible deployment as a factor against them in a child custody case. Of course, a family judge will have to weigh how a parent’s military service could affect the child’s well-being, but the intent of this act is to ensure that military service doesn’t automatically disqualify a parent from being awarded custody.
Unless there are compelling factors to the contrary, family courts tend to lean on the side of ensuring that a kid spends time with both parents.
The Servicemembers Civil Relief Act (SCRA) & Child Custody
The main point of this federal law is to ensure that the other spouse can’t get a final divorce ruling or default judgment made while the other spouse is deployed. In a military divorce, default judgments only happen due to non-responses, not the military member being on active duty. So if one parent files for divorce while the other parent is deployed, the deployed parent can petition for a stay, or delay of proceedings through the SCRA. Among other things, this application for a delay would include when the deployed parent would be available to participate in the divorce process and include a statement from that parent’s commander.
The Uniform Child Custody Jurisdiction and Enforcement Act
This law outlines which state has jurisdiction when a child custody case involves a parent who lives in a different state or is in a foreign country. It outlines rules for jurisdiction and enforcement when child custody cases involve multiple states, with the child’s home state being most often the one that has jurisdiction. This can be complicated if a child hasn’t lived in a state for six or more straight months due to regular moves or continually traveling back and forth between states.
Notably, Massachusetts is the only state that has not adopted the UCCJEA. If another state is involved in a child custody proceeding, however, this could be another area of law to navigate.
Family Care Plans & Custody in Military Divorces
This Family Care Plan doesn’t replace the court-ordered child custody arrangement, but supplements it, outlining what will happen if one or both parents are deployed. The Family Care Plan also has to agree with the parenting plan set by a family court; it cannot counter it.
Each military branch has their own rules for service members who are a child’s only parent, or for children where both parents are on active duty. Depending on what branch of the military a parent serves in, they may be obligated to put together a family care plan, and it’s a good idea even when it’s not mandated.
A Family Care Plan will most likely be required for cases where:
- An active duty service member is a single parent with a minor child
- An active duty service member co-parents with someone who is not a spouse
- When both parents are active duty service members
- An active duty service member is the only guardian for a minor child, or for a dependent adult relative, such as a family member who is disabled
The Family Care Plan is where a caregiver is selected to watch over the children while one or both parents are deployed. When just one parent is deployed, usually the civilian parent will be this caregiver. In cases where the military parent has sole custody, however, it is possible to appoint a new spouse or another relative to be the child’s caregiver during deployment.
The required details can vary, but in many cases, a Family Care Plan will cover:
- Who has been assigned and accepted the responsibility of caregiver – in some cases, it may be necessary to assign multiple caregivers, such as someone nearby for short-term absences and another caregiver for long-term deployments
- Details on the child’s financial support during deployment (can involve giving financial power of attorney to the caregiver)
- Transportation details, such as airplane tickets provided for the child to make it out to the long-term caregiver
- Appointing a guardian for your child if you pass away
The idea is that even with last-minute deployments, there will already be a game plan in place to make sure that all the details for childcare are covered. The types of details required in this plan, and making sure it agrees with the family court order, can be a complex matter, so it’s advisable to talk to a military divorce lawyer about the specifics for your case as soon as possible.
Talk to an MA Military Divorce Lawyer About Specific Custody Issues
Military guidelines for child custody (and child support) can differ from branch to branch, which also means these regulations won’t always align with Massachusetts family law. In an already difficult emotional process, federal laws and military rules can make even more of a tangled legal mess of things. If you and/or your spouse serve in the military and are headed toward a divorce, it’s vital that you speak to an experienced military divorce attorney as soon as possible to get clarity on how to navigate the different issues in your unique child custody issues and more.
At Miller Law Group, P.C., we’ve handled hundreds of complex family law cases. Call (888) 874-2142 to get a free case review and find out how we might be able to help you.