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Child custody and military divorce

| Jan 14, 2021 | Military Divorce |

Going through a divorce and trying to work out an amicable child custody agreement is a stressful process even under the most mundane of circumstances. When one or both parents involved in the divorce are members of the United States military, the process can become even more complex. Military members in Arizona should take some steps to educate themselves on how to handle child custody while serving in the military.

Impact of relocation in child custody

One of the driving forces in complicating child custody agreements for military members is relocation. Since military members are subject to relocation at any time, it can be difficult to create a consistent custody arrangement that works for both parents and any children involved.

Most states require you to file a petition to before you move your child. In several of those states, courts require proof that relocation will be beneficial for the minor.

Servicemembers Civil Relief Act

There are federal laws that protect your rights if the federal government calls you into active duty. The Servicemembers Civil Relief Act protects:

  • Active-duty military members
  • Members of the National Guard who are active duty under federal orders
  • Members of the Coast Guard who are actively serving in support of the armed forces
  • Military reserve members called to active duty

The Servicemembers Civil Relief act allows you to receive a stay or a postponement of any court dates if your military service precludes you from being able to attend. Once you petition the court for a postponement in writing, you receive an automatic 90-day delay in court proceedings.

Military divorce poses its own set of legal ramifications. If you are a military member facing divorce, you should find an attorney to represent you in your case and help file any motions for permission to relocate your child or delay your case if necessary.