How Deployments Impact Military Divorces and Custody

How Deployments Impact Military Divorces and Custody

Military deployments can really shake things up for service members and their families. When one parent deploys, it often leads to major changes in child custody arrangements. Custody battles between spouses can get complicated when deployment enters the picture.

In this article, we’ll break down how deployments impact military divorces and child custody. We’ll look at the unique challenges military families face, like frequent moves and long separations. We’ll also discuss laws and protections in place to help service members.

The Emotional Toll of Deployment

First off, deployments are tough on everyone involved. Service members face dangers overseas, of course. But they also deal with being apart from loved ones for extended times. Deployments can strain marriages to the breaking point.

Spouses back home deal with running the household solo. Kids miss their deployed parent terribly. There’s worry and anxiety until the service member returns safely from deployment.

So it’s no surprise that the divorce rate is higher for active duty military couples vs civilians. Many military marriages sadly don’t survive repeat deployments. When divorce does happen, custody battles can turn nasty real fast.

The Impact of Deployment on Child Custody

Deployment complicates custody arrangements. If parents share joint custody, that’s often hard to maintain when one parent deploys. Judges have to determine what’s in the child’s best interest when granting custody.

A deployed parent may lose custody if the judge feels they can’t care for the child from far away. Deployed parents run the risk of losing custody rights if the other parent fights for full custody.

Temporary custody orders are common during deployment. The at-home parent usually gets temporary sole custody while the service member is away. Some states require the deployed parent’s custody rights to be reinstated after they return from deployment.

The Emotional Impact on Children

Frequent deployments and custody changes can harm kids emotionally. Moving between households and losing contact with a deployed parent is very hard on children. Kids often feel abandoned when a parent deploys. Teens especially struggle with custody changes.

Therapy and support groups can help military kids cope. Maintaining contact with the deployed parent is crucial. Setting up custody arrangements that work for the child’s needs is so important.

Deployment and Child Support

A deployed parent must still pay child support per any orders in place. The amount owed normally doesn’t change unless the court modifies support orders. Unpaid support can accumulate during deployment.

If a deployed parent experiences a pay decrease, they can request a reduction in child support. Any overdue support must get paid once they return from deployment. The court can hold up driver’s license renewal for unpaid support.

Custody Issues with Military Moves

Frequent military relocations also impact custody. If parents share joint custody, moves out-of-state can affect the custody arrangement. The child often resides primarily with one parent after a move.

Long-distance custody is hard to manage. Travel costs also factor in. The court may adjust custody and visitation rights based on the move. Custody battles flare up with each relocation.

Protections for Service Members

Luckily, some laws protect deployed service members in custody disputes. The Servicemembers Civil Relief Act (SCRA) offers important protections. Let’s look at some key safeguards.

Postponing Court Hearings

SCRA allows deployed service members to delay court hearings for custody, support and other civil matters. They simply provide a letter to the court stating their deployment status. This prevents proceedings from moving forward without their input.

Maintaining Custody Rights

SCRA also helps deployed parents maintain custody rights. Courts can grant custody changes during deployment only if clearly in the child’s best interest. SCRA aims to keep deployment from unfairly impacting custody.

Modifying Support Orders

Deployed service members can also request child support order modifications under SCRA. If their income decreased due to deployment, they can petition to lower support payments. This helps avoid accumulating unpaid support.

Legal Assistance

Finally, all active duty service members have access to free legal assistance from military lawyers (JAGs).