On active duty? You may still get custody

| Apr 3, 2020 | Military Divorce

You love your kids, but the reality is that you’re in active service. As a result, you could be asked to deploy at almost any time and potentially without much warning. You want to maintain custody of your children while you’re in the United States, but you know that the court may frown on the potential for you to leave unexpectedly.

While your military service shouldn’t hinder your right to custody, it can certainly influence the way custody is handled. It may make sense for a parent who isn’t likely to deploy to have custody the majority of the time. It depends on your situation.

How can you try to get more custody as a military member on active duty?

While you’re on active duty, that doesn’t necessarily mean you’re at risk of being deployed. Even so, you may want to present a custody plan that takes a potential deployment into consideration. For example, if you are called to leave for deployment in the next 30 minutes, could you get someone to your home to watch your children? Who would be there to care for them? Would you have time to take them to a safe place? These are all questions you should ask yourself and be prepared to discuss.

There are plenty of arguments to show that military members should have visitation rights with their children. There are times when military members obtain sole custody or share custody 50-50, too. Your situation is unique. It’s a good idea to discuss your concerns with your spouse and to look into learning more about your legal rights.

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