Child Custody in Military Divorce

Jun 1, 2014 by

Among the most important, and often contentious, aspects of divorce is child custody. An article on The Majors Firm website characterizes divorce as a highly emotional and stressful undertaking, and this applies to military divorce as well.

Military couples and their children are often move about depending on the current deployment of the military spouse. Non-military spouses find it difficult to obtain and sustain employment precisely because of these frequent moves, and are often compelled to stay at home when there are children to provide them with the care they need. Because of this, the issue of child custody and financial support is not such a big problem when it comes to the terms of the divorce settlement, in contrast with civilian divorce cases.

In general, the stay-at-home spouse is granted child custody not only because that spouse has been the primary caregiver but also because the military spouse is always being deployed and may not even come home for a prolonged period. As a result, the military spouse rarely seeks or is granted sole custody of the children.

Because the non-military spouse is typically dependent financially on the military spouse, spousal support is commonly granted for a limited period until the stay-at-home spouse is able to find alternative housing and employment.  As to child support, some non-military ex-spouses feel that since they bear most of the child-rearing responsibilities as the military ex-spouse is unlikely to make regular visits, they should get larger child support payments.

There are other issues pertaining to military divorces that are not usually present in civilian divorces such as retirement and survivor benefits. It is important that the divorce lawyer retained to protect the interests of both spouses have experience in dealing with military laws that pertain to divorce.

Going through a military divorce is stressful, especially when kids are involved. If you are going through a divorce and need legal representation for your child custody case, contact a Raleigh divorce lawyer such as the Marshall Taylor Law Firm by visiting the website: http://www.marshalltaylorlawfirm.com/.

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