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Custody arrangements in a military divorce

| Mar 23, 2021 | Blog, Divorce |

The rules pertaining to child custody can be complicated for any couple. These rules are especially complex for military families, including those who are stationed in Hawaii. There are specific rules to be aware of and keep in mind during a military divorce to make the transition as smooth as possible.

Establishing a custody agreement

Creating a custody agreement in a military divorce is virtually the same for military couples as it is for civilian couples. The involved parties have to use the same factors to place children in an environment that will serve the children’s best interests.

Additionally, military parents also have to think about how reassignments and deployments will affect children. Some active-duty members may be deployed with little notice, and others may be reassigned to a base in another state or country

Normally, a parent is not permitted to move a child to another state without violating child relocation laws or the established custody order. However, in a military divorce, parents are aware they will possibly move to another state. Because of this, military parents can include provisions for visitation and custody in the event of deployment. It is important to discuss these options with a family law attorney to determine the best way to proceed with the divorce.

Does divorce impact military status?

Theoretically, one parent’s active-duty status shouldn’t negatively impact custody arrangements. Most jurisdictions require that children be placed with the parent that serves their best interests. So, if it is best for the children to live with the military parent, that is where they will be placed.

In many cases, the military does not allow single parents to enlist; however, a service member may become a single parent after joining the military. If you have children and want to enlist in the armed forces, speak with an experienced lawyer first.

An experienced family law attorney can help families going through a divorce with custody arrangements that are best for the children involved. Speaking with a lawyer as soon as possible can make the huge familial transition a little easier.