Parenting Time & Visitation In Military Divorce

Getting a divorce is never easy, even if the process is amicable. However, divorce for military couples can be even more complex simply because of the peripatetic lifestyle that being in the U.S. Armed Forces may require. This is doubly evident when discussing difficult issues like parenting time and visitation – most parents want to see their children as often as possible, as one might imagine, but deployment can throw a wrench in the proverbial works. The right attorney can help work out a parenting time schedule that works while putting the child’s best interests first.

Child’s Interests Come First

Florida law requires a parenting plan, formerly referred to as a custody agreement, in order to ensure that the child or children involved have the most consistency possible even if their parents split up. The state legislature has explicitly articulated that the most important factor in these types of cases should be the best interests of the child – in other words, the child’s needs should be placed above those of either parent.

This matters because many times, a military parent may be ordered to live far away from where their children reside due to receiving new orders, or they may even be deployed. A long flight to see one parent may not be in a child’s best interests (and of course, if the parent is deployed into a dangerous area, no visits are possible!). This can sometimes be integrated into a parenting plan, but sometimes events happen too quickly to modify documents before deployment.

Temporary Custody Holders More Important

Unlike in a civilian divorce, where custody is shared between both parents in most cases, a military divorce may lead to one parent spending more time with the child or children simply because the other parent may be deployed. If there is ever a moment where neither parent can take care of their children, temporary custody may be awarded to either the non-deployed parent or a designated caregiver selected and okayed by both parents.

It is important to keep in mind that both Florida law and the federal Servicemembers’ Civil Relief Act (SCRA) protect a deployed parent from civil proceedings being instituted against them while they are not in a position to respond. Divorces, evictions, and all their components (such as custody arrangements) must be stayed for a certain period while a servicemember is unable to reply. It is in everyone’s best interests to work out a parenting plan before deployment, if at all possible.

Contact A Hollywood, FL Military Divorce Attorney

No part of divorce is easy, but child custody-related issues are often the most hotly debated, and if one or both spouses are military servicemembers, it can be difficult to establish a proper parenting plan without help. A Hollywood, FL military divorce attorney from The Law Offices of Steven A. Mason, P.A. will work hard to assist you. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html