When both parents are deployed during a child custody dispute, several considerations must be accounted for. Learn more about the processes and available protections to ease the impact of deployment on your children.
Family Care Plan
Before you deploy or have to relocate, we recommend having a family care plan in place. This describes who is providing the care for your children logistically, medically, and financially while you are away. We can help you create a customized family care plan that fits your needs.
The military parenting plan is an agreement that the divorced parents decide on when both or one is serving in the military. While this can be used in any custody situation, military parents face additional concerns.
Emergency custody plans must be in place for the well-being of the children. Furthermore, active-duty parents must account for a deployment that doesn’t support families. The duration of this time away can vary, and all scenarios must be thought about in advance.
Child Custody During Deployment
A parent’s deployment or relocation because of military service is not enough to justify a custody order modification. If the deployed parent must move far from the children, the order can be modified to make things easier for the children. During this time, the modification would only be temporary until the parent could return back to the home state of the children in question.
Military Child Custody Agreement
It’s always essential for the well-being of the children to be considered the most critical aspect of any child custody agreement. In the case of military personnel, parents are protected by the Servicemembers Civil Relief Act (SCRA). This ensures that no judgments are entered while you are away performing military service. To see if you qualify for these protections, you will want to talk with Thomas Ramunda about your situation.
Creating the Custody Agreement
- Describe The Arrangement – either sole or joint custody.
- Justify Any Deviations – anything you make apart from the state code.
- Adjust The Parenting Plan – Provide a detailed visitation and parenting plan.
- Show Your Cooperation – Make sure the plan illustrates your willingness to work with the other partner.
Family Visitation During Deployment
While the parent is away, traditional visitation might not exist. If it’s possible, longer visitation stays can be worked out. You can also partake in virtual visitation through emails, online video chats, and phone calls. This is a good option if the parent is deployed overseas.
Child Custody After Deployment
Because the child custody agreements are flexible during deployment, the original agreement will go back into place once the parent returns home. If permanent changes need to be made, they have to wait until that parent returns from deployment.
Colorado Laws Related to Military Child Custody
Under the SCRA, you have to right to postpone all proceedings for 90 days while you are deployed. After that time, it’s possible to get an extension if needed. This is left to the discretion of the judge and requires that you have an attorney working with you. Call us to learn more about Military rights, child custody laws, and how deployment might affect child support.
Family Law Lawyer
Thomas Ramunda has more than 25 years’ experience helping military families in Colorado. You can schedule a consultation at our Denver or Parker office to receive tailored guidance to your situation. Together, we can work out an amicable solution for your family.