Establishing visitation and child custody for military families in Colorado creates a unique challenge. During a Colorado divorce, the Court decides where children will live, which is why you must have adequate legal representation.
Child Support in Military
When military child custody laws come into play, child support becomes an interesting question. Military parents receive base pay plus several other benefits. The Court takes all of the benefits into consideration because they affect the children. Child support orders might change the military member’s allowance entitlement amount, so you want to have proper representation before heading to the proceedings. The situation becomes more complicated when both of the parents are active in the military.
Military Relocation & Child Custody
What makes military child custody laws even more complicated is when one parent needs to relocate with the military. While every case is different, here are five possible examples you might find yourself in.
- Military parent with full custody – Original custody agreement needs to be evaluated to see if relocation with the child is possible and if adjustments must be made to the contract.
- Military parent non-custodial but visitation – Other visitation options can be ordered to accommodate the change.
- Non-military parent with full custody but the former spouse is in the military – The parent with full custody won’t need to change anything other than possible visitation agreement.
- Non-military parent non-custodial but former spouse in the military – Child custody agreement needs to be re-evaluated with both parties.
- Both parents in the military and need to relocate with joint custody – Child custody agreement needs to be re-visited.
When dealing with military child custody laws in Colorado Springs, you have several things to consider. One of these is when both parents are in the military and agree to joint custody. What happens when one parent is called overseas? In many cases, that parent will have to give up joint custody while away, but the agreement can be adjusted in any amicable way. To protect the rights of both parties and the children, it’s vital to have a good family lawyer by your side.
One Spouse in Military vs. Both in Military
The military child custody laws also require some additional considerations when one parent is in the military, and the other one isn’t. If the parents can agree on terms without the Court, this is always the best option. Otherwise, the Court needs to consider all of the factors to decide what’s best for the children. Having a qualified Colorado Springs family lawyer helps you to navigate the entire process.
As a Divorce Lawyer with over 25+ years’ experience in family law, Thomas Ramunda Jr. believes that military members and their families deserve fair child custody agreements. Military divorces aren’t much different from a civilian divorce, except they get more complicated. If you face a military divorce in Colorado Springs, Castle Rock, Parker, or the surrounding Denver area, contact our office for a consultation.
Whether you are the military parent or non-military parent, we know how to protect you and your children. Visit us at our Parker, CO or Denver, CO location for your consultation.
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