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Going through a divorce is difficult under the simplest of circumstances, but when you have children, it can be even more of a challenge. Most parents want to remain a part of their children’s lives, but the extent of your involvement may vary depending on how you make a living. For example, how is child custody settled for parents who serve in the military? If you’re in this scenario, use the following guide to gain a clearer understanding.

How Will Your Military Career Weigh on a Child Custody Ruling?

As a military service member, you may be required to live on a base where your children are not welcome. In other cases, you may have to go away for months at a time before returning home. While you may want to fight for child custody, the court will take your potential absence into account when deciding on the arrangements. The nature of your service may dictate how often you’re deployed and for how long each time—the court will examine the circumstances before making a decision.

As these judgments are often made on a case-by-case basis, the same applies to your spouse. For example, if they don’t have a substantial job, you might be seen as the more suitable guardian. 

child custodyIf your child custody ruling awards a shared arrangement, it’s important to create a plan with your ex-spouse if you’re ever relocated or deployed. This plan will include financial and medical coverage as well as establish the child’s primary caregiver while you’re gone.

What Are Your Rights?

Once the divorce is underway, you can take action to protect your guardianship rights as a parent in the military. If your service interferes with the suggested court proceedings, you can request to postpone the hearings until you’re available. In fact, you can request an automatic stay of 90 days, and the judge may grant further stays after this period if you’re still deployed. You also have the right to obtain a lawyer who can explain to the judge why your position makes you the ideal guardian.

 

If you’re an active service member hoping to win child custody, get in touch with Donna C. Crooks Attorney At Law in Daleville, AL. She has more than two decades of experience practicing law and is happy to help military parents who want to maintain involvement in their children’s lives. Attorney Crooks also works on DUI and criminal cases as well as bankruptcy law. For more information on her practice areas, visit the website. Call (334) 598-9534 to have a consultation over the phone.

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