Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

Issues to considering during military child custody battles

When residents in New Mexico decide to join the military, being deployed is often considered the largest battle the individual will endure. However, when married service members are going through a divorce, this can often develop into a very difficult and emotional battle. Moreover, when children are involved, this could present more challenges than expected, especially if one or both parents are active service members or are currently deployed.

A military divorce is often described as being more complex than civilian divorce. And while military parents will likely make the same decisions using the same factors as civilian parents when devising a custody agreement, military child custody often causes parents to take other factors into consideration.

The impact of the military status of one or both parents must be addressed. When a service member is on active deployment or will be in the near future, this should be factored in when assigning parenting time. Placement of a child during deployment will be based on the best interests of the child. This could mean staying with the other parent while one is deployed, or staying with the parents of the deployed parent.

Relocation is another issue that should be addressed when determining child custody in a military divorce. A service member might be reassigned to a different base, and that could mean relocating to another state or even another country. Military parents are afforded the ability to request that their child moves with him or her; however, this must be approved by the court.

The above information is not meant to be exhaustive as there are many issues to consider when determining child custody in a military divorce. Those going through this process should consider seeking guidance so that they can make an informed decision. Additionally, this could help protect the rights and interests of everyone involved, especially the children.

Source: FindLaw, "Military Child Custody: Key Legal Issues," accessed Dec. 7, 2015

No Comments

Leave a comment
Comment Information