Fort Campbell Military Custody Modifications Lawyer

A military child custody modification happens when a service member needs to make an adjustment to an existing child custody arrangement. This could be caused by a sudden deployment, reassignment to a new location, or any other change to their service that prevents them from complying with their current custody order. If this sounds like you, it may be time to connect with a Fort Campbell military custody modifications lawyer for legal assistance.

At the law office of Michael J. Thompson, Attorney at Law, we understand how stressful it can be to perform your duties in the military while knowing that you also need to address a change to your child custody arrangement. Fortunately, our team has years of experience handling these types of cases. We can take on the majority of the legal responsibilities while keeping you notified about our progress. Our team can work to modify the custody arrangement to meet your needs.

What Are the Most Common Types of Child Custody Modification Requests in the Military?

Any request to modify a child custody order from a service member will be awarded if it balances what is most advantageous for the child with the realities of military life. Some of the most common cases include:

Temporary Custody Adjustments

When there has been a change of circumstances for the military spouse, they may need to request a temporary custody arrangement. For example, they may need accommodations to care for their child while they are being deployed for active duty. These modifications are often facilitated by a family law attorney, who could, for instance, transfer custody to the non-military spouse or another family member until the military parent is available again.

Flexible Visitation Schedules

Military life can be extremely unpredictable, so a service member would likely appreciate a flexible child custody agreement that could evolve with their changing job requirements. A family law military attorney can help negotiate the most favorable visitation periods that would accommodate an ever-changing military schedule. This flexibility is vital, especially if a divorce decree did not initially account for military demands.

Contingency Planning

Many times, military personnel with families back at home are required to create a family care plan. This plan will outline what custody modifications will need to be implemented immediately in the event of any unexpected deployments or emergencies. This is required because the courts want to see a proactive plan to minimize as much disruption as possible to a child’s life. Change in the military is inevitable, so your custody plan should be as well.

Provisions for Relocation

Because frequent reassignments are very common in the armed forces, certain provisions for relocation might be necessary, depending on the role. A child custody enforcement lawyer who understands military law can help negotiate these modifications. They can ensure that any modification respects both the child’s need for stability and the military parent’s mandated instances of relocation. These changes must be detailed in the military divorce decree to avoid any legal challenges in the future.

Communication Arrangements

Specific communication arrangements can be made to help keep a bond between a child and their military parent. These plans should encourage meaningful communication opportunities, like phone calls, emails, or video chats. There should also be a consistent cadence of these communications. This ensures that the child feels comfortable knowing when they will get to speak to their military parent again.

Reintegration Adjustment

When a military parent returns from deployment, specific reintegration adjustments will need to be made to an established custody or visitation agreement. These plans should be structured in a way that eases the veteran parent back into the child’s life without taking away from the other parent who had been primarily hosting them this entire time.

The plan may start with short in-person visits to help the child and parent slowly get used to being in each other’s lives again. These plans could also include counseling sessions for the family to help rebuild the family connections, which is especially useful for a military parent who has been gone for a significant period of time or is dealing with combat-related stress that they fear will impact how they interact with their child.

FAQs

Q: How Do Military Deployments Impact Existing Child Custody Agreements?

A: The prolonged absence of a military parent has significant implications for an existing child custody agreement that is already in effect. For example, the non-military parent may need to assume temporary full-time custody to ensure that the child is well-supported during this phase of the other parent’s military career. To ensure that the service member can keep some form of bond with their child, a temporary agreement should incorporate virtual meetings.

Q: What Legal Protections Do Military Parents Have in Child Custody Cases?

A: The Servicemembers Civil Relief Act (SCRA) allows a service member to postpone any ongoing family law cases at home until their military schedule allows them to return and participate in resolving the outstanding legal matters. Additionally, the Uniform Deployment Parents Custody and Visitation Act prevents attorneys from being able to use a service member’s deployment history as a tactic to suggest that they are not fit for custody.

Q: What Steps Should Military Parents Take to Address Custody During Deployment?

A: A detailed family care plan should designate a trusted individual to temporarily assume any caregiving responsibilities. The plan should detail what the child’s daily routine should be, along with how decisions should be made in their parent’s absence, especially those concerning medical or educational needs. Military parents will need to work with an attorney to ensure that all these conditions are listed in a legally binding document to avoid disputes in the future.

Q: Are Child Custody Modifications for Military Kids Expensive?

A: If both parents are in agreement on the details of the custody modification, the process is extremely straightforward and will not entail many legal fees. This typically involves drafting and filing the required paperwork with an attorney. If there are contested issues that require court intervention, the costs will increase due to the extra time needed in court and any other activities the parents engage in, like mediation sessions or military appeals.

Contact Michael J. Thompson, Attorney at Law, Today

If you are in the military and are in need of a child custody modification, contact the attorneys at the law office of Michael J. Thompson, Attorney at Law, today. We have spent years guiding clients through child custody modifications to secure an arrangement that works with their schedules. We understand the importance of continuing a lasting relationship with your children, and our firm is prepared to help make this happen for you.