Griffin Family Law, PLLC is a trusted legal firm dedicated to providing comprehensive legal services to military personnel and their families in divorce, child custody, and support.
Military divorce can be particularly complex, and when children are involved, it can be emotionally challenging for all parties. As a result, it’s important to have the support of a knowledgeable and experienced attorney who understands the unique circumstances and complexities that military families face.
At Griffin Family Law, PLLC, I am committed to providing my clients with compassionate, personalized legal representation. I understand the importance of protecting the rights of parents and children during this challenging time.
Here, you can learn about child custody and support issues that arise in military divorce and provide guidance on understanding your options and rights. I am also available to answer any questions you have about your situation.
Child Custody in a Military Divorce Information
Child custody is one of the most critical issues in a military divorce. It can be a complicated process, and military parents may face unique challenges when determining custody arrangements.
Overview of Child Custody Arrangements in Military Divorce
Child custody arrangements in military divorce cases are similar to those in civilian divorce cases. The court will consider the child’s best interests when making custody determinations.
There are two types of child custody arrangements:
- Physical custody: This refers to the parent the child will live with.
- Legal custody: This is the parent with the authority to make major decisions regarding the child’s upbringing, such as education, medical treatment, and religious upbringing.
Factors that Impact Child Custody Decisions in Military Divorce Cases
In determining custody arrangements, the court will consider several factors, including the child’s relationship with each parent, the parent’s ability to provide for the child’s physical and emotional needs, the child’s age and health, and the child’s preference (if they are of sufficient age and maturity to express a preference).
The court will also consider the parent’s ability to cooperate and communicate with each other and their willingness to encourage a healthy relationship between the child and the other parent.
Understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA law ensures that custody orders issued in one state are recognized and enforced in other states. It is particularly relevant for military families who may frequently move due to their service.
Under the UCCJEA, the court must determine which state has jurisdiction over the custody case. The state with jurisdiction is typically the child’s home state or where the child has lived for the six months preceding the custody proceedings.
The Impact of Military Service on Child Custody Arrangements
Military service can impact child custody arrangements in several ways. For example, a military parent’s deployment may affect their ability to care for the child during that time. Additionally, frequent relocations and long periods away from home can make it difficult for military parents to maintain consistent parenting time with their children.
The court will consider these factors when making custody determinations and may need to modify custody arrangements to accommodate military service obligations.
Child Support in Military Divorce
Child support is another important issue that arises in military divorce. Understanding how it is determined can help you better understand your rights.
Overview of Child Support Arrangements in Military Divorce
Child support is the financial support paid by the non-custodial parent to the custodial parent to help cover the costs of raising the child. In military divorce cases, child support is typically calculated using state guidelines that consider both parents’ income and the child’s needs.
Calculation of Child Support Payments for Military Personnel
Calculating child support payments for military personnel can be complicated due to the unique nature of military compensation.
Military pay includes base pay, housing allowances, and other allowances that may not be considered income under state guidelines. The court may need to adjust the calculation of child support payments to account for these factors.
The Impact of Military Service on Child Support Payments
Military service can impact child support payments in several ways. For example, if a military parent is deployed or on extended temporary duty, it may affect their ability to pay child support.
The court may need to adjust the child support order to account for these factors. Additionally, military parents may receive additional pay and benefits during their service, which can impact the calculation of child support payments.
Enforcement of Child Support Orders in Military Divorce Cases
Enforcing child support orders in military divorce cases can be challenging, particularly if the non-custodial parent is stationed overseas or deployed.
The military has specific procedures to enforce child support orders, including wage garnishment and enforcement through the Uniform Code of Military Justice. Additionally, state and federal laws provide tools to enforce child support orders, such as suspension of driver’s licenses, professional licenses, and passports.
Options for Resolving Child Custody and Support Issues
There are several options available when it comes to resolving child custody and support disputes in military divorce cases. The most common methods for resolving these issues include mediation and negotiation, collaborative divorce, and litigation.
Mediation and Negotiation
Mediation and negotiation are methods for resolving child custody and support disputes that prioritize collaboration and communication between the parties. In mediation, a neutral third-party mediator facilitates discussions between the parties and helps them reach a mutually agreeable resolution.
Negotiation involves direct discussions between the parties, either on their own or with the assistance of their attorneys. These methods are often preferred as they can lead to faster and more cost-effective resolutions and allow the parties to have more control over the outcome.
Collaborative divorce is a method for resolving child custody and support disputes that involve a team of professionals, including attorneys, mental health professionals, and financial experts.
The parties work together in a series of meetings to develop a mutually acceptable settlement agreement. This method is often used when the parties want to minimize conflict and prioritize cooperation.
Litigation involves going to court and having a judge decide on child custody and support. This method is often used when the parties cannot agree independently or through other dispute-resolution methods. Litigation can be time-consuming and expensive and often results in a decision that may not be satisfactory to either party.
The Role of Griffin Family Law, PLLC
At Griffin Family Law, PLLC, I work with military families regularly. I understand that each military divorce case is unique and requires a personalized approach to dispute resolution.
I work closely with military families to help them understand their options and develop a strategy that aligns with their goals and priorities. I prioritize collaboration and communication between the parties and aim to resolve disputes cost-effectively and efficiently.
If you have questions or would like to schedule a consultation, contact my office.