Military Law

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Military Child Custody Laws

Child custody rights for military personnel may be confusing. The soldier and/or their spouse may not know where to turn for information regarding the proper procedures regarding military divorce and child custody, military custody battles, military child support, or military custody laws. The Experts are an affordable way for the soldier and/or spouse to get advice on how to proceed.

What should a father do when the mother of the child moves and refuses to work out the visitation, making the father unable to receive the ordered amount of visitation time with the child?

The father should sit down face to face with an attorney and file for modification of the original visitation schedule. Since there is a significant change in the circumstances, the father has the right to take the matter to the courts so they can decide what is in the best interest of the child.

Can a Naval soldier loose custody of his/her child for being active duty?

With a soldier being in the Navy, the court most generally will not use that as the reason for him/her to lose custody. When the matter is taken to court, they will more than likely give the non-active parent custody and reward the active parent visitation when he/she is not deployed.

If a person is in the military, can a military lawyer help the soldier with a custody action?

Military lawyers cannot help with child custody matters. The soldier will need to find a civil attorney, in the state/county the child/children reside in, to help file an action requesting custody.

When filling out the child custody budget sheet, dose a soldier have to include their Basic Assistance of Housing (BAH) in their income?

A soldier’s BAH is considered part of their income. The soldier filling out the child custody budget sheet needs to include all the soldiers’ income so that the courts can come to an informed decision regarding child support.

If a soldier, whom has 100% custody, get a dishonorable discharge due to not being able to deploy because of the child/children?

A dishonorable discharge can only be awarded for misconduct and the soldier would have to go through a court martial. The Army would more than likely administratively discharge the soldier with honorable conditions if the soldier was unable to deploy due to family/child issues.

When a soldier and their spouse decide to file for divorce, the questions arise of what the laws are pertaining to the child custody and parenting responsibilities of each parent. The soldier and their spouse have several avenues and options that they need to consider and this can only be achieved with a civil attorney. A person enlisted in the military has rights that may not be clear and may cause confusion and questions when moving forward with their quest to obtain their rights as a parent. When these questions and concerns arise, then the soldier can obtain advice from the Experts. The Experts are a fast affordable way for anyone to obtain advice in regards to military child custody.
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