How Does Your Military Service Affect Child Custody in Kentucky?

It can be supremely difficult to navigate the trials of child custody while also prioritizing your career as a military servicemember. Many different situations, most of which may be entirely out of your control, can impact your availability as a parent, which can then impact any existing custody arrangements you may have in place. It is important that you do what you can to answer this question: How does your military service affect child custody in Kentucky?

When you are in a custody battle as an active military servicemember, it’s understandable to want as much legal help as you can get. You should consider hiring a Kentucky child custody attorney to help you determine what you can do to ensure you don’t lose custody of your children. You will want someone who is well-versed in Kentucky child custody laws and who has experience handling child custody cases like yours. Our firm can help.

How Does Your Military Service Affect Child Custody in Kentucky?

In Kentucky, a parent’s military service should not affect child custody arrangements. What will affect child custody arrangements is the impact that your military service has on your child’s well-being. Kentucky family courts are always supposed to prioritize the child’s welfare above everything else, including the desires of both parents. A judge must ensure that your military service, particularly deployments, won’t impact your child’s welfare in a detrimental way.

Thankfully, as a military parent, you are more than likely protected by the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This federal act protects military parents from losing a custody battle or even contact with their child while they are on deployment. Essentially, the custody battle stops, and a framework for temporary custody is established while the parent is deployed. Your lawyer can help you determine what happens next for your case.

Hire a Child Custody Lawyer

There are many reasons why you should hire a child custody lawyer, especially if you are an active military servicemember. Due to deployments, relocations, and more, it may be difficult for you to handle the complications of a custody battle. A good lawyer can help you by taking control of your case and protecting your interests. Michael J. Thompson has helped countless military servicemembers with their cases, including custody battles. He can help you, too.

According to recent statistical data gathered by the Kentucky Commission on Military Affairs (KCMA), the United States Military is one of the biggest employers in the entire state. As of 20243, Fort Campbell alone employed nearly 40,000 people, including soldiers, civilians, and transient personnel, among others. Many of these employees are parents, and many of them must consider the complexities of a custody battle during a divorce.

It’s important to keep in mind that handling all of this at once can be severely detrimental to your mental health. There’s nothing wrong with asking for help when you are worried, confused, or overwhelmed. You may want to consider reaching out to a local mental health support group, such as NAMI Kentucky or Mindfulness-Based Stress Reduction. Talking to individuals in similar situations can be beneficial to your mental health and may strengthen your case.

FAQs

Does the Military Help with Child Custody?

The military often provides resources you can use to help with your child custody case. However, it’s important to note that the military does not decide the outcome of child custody cases. Civilian family courts handle these cases in Kentucky. Military personnel have protections and options through federal laws like the Servicemembers Civil Relief Act (SCRA) or the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). You will have options.

Will I Lose Custody of My Child if I Join the Military?

You will not automatically lose custody of your child if you join the military. Military service does not result in the court immediately viewing you as a bad or unfit parent. Additionally, there are numerous state and federal laws protecting active duty servicemembers from losing custody battles. Ultimately, the court must prioritize the child’s welfare and stability, and if you are constantly deployed, that may impact the custody arrangement.

Can a Military Father Get Full Custody?

It is entirely possible for a military father to get full custody of his children if the court determines that doing so is the right thing for the child’s ongoing stability. To increase the likelihood of gaining full custody, the father may want to put together a strong family plan, show that they have a strong support system behind them, and show evidence of caregiving. When deciding on the child’s interests, the court must consider unique aspects of military life, too.

What Are the Grounds for Full Custody in Kentucky?

In Kentucky, full custody is granted to one parent for numerous reasons. Generally, it happens if the other parent is deemed unfit due to abuse, neglect, or endangerment. It can also happen if the court decides that it would be good for the child’s welfare to be in the sole care of only one parent. If you are a military parent, you will still have to prove that you are a reliable parent who can provide for your child.

Contact Our Kentucky Child Custody Lawyer

If you are an active military servicemember, your military service alone should not impact your chances of winning a custody battle. However, it will be a factor when the court determines the stability that the child needs. It’s recommended that you reach out to an experienced child custody lawyer, preferably one who focuses on military cases, for help in building your case.

The legal team behind Michael J. Thompson, Attorney at Law, recognizes how potentially difficult and emotional your case can get. Child custody cases can be overwhelming enough before involving the additional complications of military service. You will want someone by your side who understands this and can provide the right kind of help anyway. Contact us to speak to a member of our team who can help.