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3 special considerations for custody during a military divorce

There are a lot of external elements that put pressure on military marriages. Separation caused by deployment, secrecy necessitated by service and even differences in culture can affect the relationship between a servicemember and their spouse.

In some cases, those pressures can cause irreparable damage and may lead to divorce. When servicemembers divorce, they are largely subject to the same laws as any civilian couple. However, they do have special considerations they may need to factor into the negotiation process.

When a military divorce involves minor children, the parents have to find a way to share custody. There are a few special considerations they need to take into account when establishing a custody order after a military divorce.

The need for several custody plans

Most families develop one custody schedule that applies indefinitely. Military couples may need several different custody plans that they can use in a variety of circumstances. They need a basic custody arrangement for when both spouses are in the same location. There may need to be a training custody plan for when one spouse has long hours or a short-term trip to continue their military education. A deployment custody arrangement is likely also necessary in case the servicemember must deploy after the divorce.

The importance of communication standards

Given the potential for lengthy disruptions in family dynamics due to training or deployment, communication rules are crucial. Parents may need to have the rules in place for virtual visitation via video calls. They may also need to make arrangements for the children to communicate via telephone or email to maintain their connection with the military parent during their training or deployment. Such rules are often an integral part of preserving the parent-child bond when the servicemember cannot be physically present with the family.

The need to update a Family Care Plan

Servicemembers typically have to file a Family Care Plan with the chain of command. Such plans play an important role in ensuring that their dependents receive appropriate support should anything happen during training or deployment. The existing plan likely requires revision to reflect the new scenario involving divorce and shared custody.

With the right approach, divorcing servicemembers and their spouses can often establish a custody arrangement that functions well for the whole family. Recognizing that custody requires a bit more care and in-depth analysis for military couples to help people approach the various realities of divorce effectively.

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