Military Deployment and Child Custody

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

Military families often have to sacrifice so much for the sake of protecting others. It’s particularly difficult for single parents who are enlisted and deployed. As they respond to the call, they often find themselves in a difficult custody battle. It’s hard choosing between active military duty and family responsibilities. There just isn’t a simple answer. Contact a Westlake Village divorce attorney to make the whole divorce process easier. Your attorney can help you get familiar with the legal issues surrounding your divorce and child custody arrangements.

Termination of parental rights

This is an unfortunate decision military parents have to make when enlisted. When a service member is gone for 90 days and can’t spend time with the kids, a relative can  fulfill these obligations. The request has to be  in writing and sent to the other parent in advance before the time-sharing modification takes place. When the deployed parent comes back from the tour and he or she wishes to regain the custody rights, a process needs to be followed. However, some new problems may arise:

  • Children don’t want to spend time with the new legal custodian.

  • The other parent can’t change the new custodial arrangement.

  • Some arrangements need to be made for military parents where children go and visit the deployed parent during the tour.

  • Make the child available, that includes phone calls, e-mails, etc.

Military divorce in California

Military divorce is unique involving some specific federal laws. These laws protect active duty military members. In order to get a military divorce in California, at least one spouse must reside or be stationed in the state.  In California, the military spouse’s child support can’t exceed 60% of their income. When dividing property, military retirement benefits are calculated and divided by the USFSPA. They authorize any payments to the former spouse.

Family Care Plan

This is available for all service members who are single parents. It shows who will care for the family of the deployed service member. Whether a child or parent, these arrangements or plans can last for as long as necessary and they can be made even if you don’t expect to be deployed. This important step will help your family be prepared for any unexpected deployment.

Consult a  Westlake Village divorce attorney

All the legal aspects of a military divorce should be handled by someone who understands these laws.  Although military attorneys can be helpful during this difficult process they can’t represent you in a  divorce.  Remember your deployment will affect your custody agreement. These are battles too difficult to fight on your own.

If you are in the military and also fighting a child custody battle, it’s time you find peace of mind. There are strategic alternatives to your divorce you may not be aware of. Your attorney can advise you about the best course of action in your specific case. Contact a  Westlake Village divorce attorney to help you understand your rights as a military divorce or single parent.

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