Can a military parent have sole custody of a child?

When the military parent has sole custody, however, many states consider a transfer of custody to the other parent to be a change of custody, and it’s not uncommon for the court to allow the military parent’s new spouse or another family member, like an aunt or uncle or grandparent, to take over as the child’s guardian during deployment if the

What happens when one parent is in the military?

The military has rules for situations in which a child’s sole caretaker, or both caretakers if there are two parents, might be deployed. A Family Care Plan is required in these situations: A service member is a single parent who has custody of a child under age 19, or shares custody with another parent to whom…

What happens to a former spouse in the military?

An un-remarried former spouse may receive medical, commissary, exchange and theater privileges under the Morale, Welfare and Recreation program if he or she meets the requirements of what is known as the 20/20/20 rule: The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.

Where can a military spouse file for divorce?

Military divorce laws allow service members and their spouses to file for divorce in: The state where the nonmilitary spouse resides. The state where the service member is currently stationed. The state where the service member claims legal residency. This state retains the power to divide the military pension.

How does joint legal and joint physical custody work?

Joint Legal and Joint Physical. In this type of arrangement, the child has two residences and spends equal time living with each parent. Joint physical custody usually works best when both parents live within the same city or region. Both parents make important decisions about the child and work together to decide on major issues,…

Who is a single parent in the military?

A service member is a single parent who has custody of a child under age 19, or shares custody with another parent to whom the service member is not currently married.

Can a single parent have custody of a child in the military?

A service member is a single parent who has custody of a child under age 19, or shares custody with another parent to whom the service member is not currently married. Both parents are service members and have custody of children under 19.

Can a service member have custody of a child under 19?

Both parents are service members and have custody of children under 19. (Both parents must sign the same Family Care Plan.) A service member is the sole caretaker for a child under 19 or an adult family member who’s unable to provide his or her own care, including a disabled spouse or other family member.

Why did the father get primary custody of the child?

Father advocated co-parenting counseling so that the parents could work out disputes outside of the child’s earshot. Father demonstrated concern for the child’s need for routine, in light of his Aspberger’s Syndrome.

A service member is a single parent who has custody of a child under age 19, or shares custody with another parent to whom the service member is not currently married.

Can a custody order be changed due to military service?

Past, current or possible future absences due to military service should not serve as the sole basis for altering a custody order in place prior to the absence. No permanent orders altering existing custody arrangements should be entered while the custodial parent is unavailable due to military service.

Can a deployment affect custody of a child?

Note the emphasized language – the court is not required to completely ignore a military parent’s deployments when determining child custody – just that the deployment cannot be the sole basis for custody. The act provides that the deployment will not change the military parent’s residence for purposes of the UCCJEA.

What happens when a military parent files for divorce?

For example, if one parent is deployed and the other parent files for divorce or custody, all proceedings are subject to an automatic stay (typically for 90 days). During this time, the service member is notified of the case through military personnel and assigned a military attorney.

When does the uniform deployed parents custody and Visitation Act apply?

The act provides that the deployment will not change the military parent’s residence for purposes of the UCCJEA. Section 104. Moreover, the act prevents the child’s home state being changed by an interim parenting schedule which places the child outside of the military parent’s state. C.R.S. 14-13-102 (7) (b). When Does the UDPCVA Apply?