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/.

read more

Related Posts

Tags

Share This

Changing the Terms of Child Custody and Visitation

Jan 24, 2014 by

The divorce rate in America is the highest it has ever been and continues to grow steadily. Divorce is the dissolution of a marriage which is final once the decree goes through. However, while the marriage is over, an agreement concerning child custody and visitation is not set in stone; it is subject to changes in circumstances that may significantly impact on the best interests of the child. When this happens, it is possible to make changes to the terms of the child custody agreement even after the divorce has been finalized, until such times as the child achieves independence.

Modifications in child custody and visitation can be initiated by either parent and ideally, both should agree to reasonable changes in the original agreement so that it can be presented and approved by the court. According to the website of the Law Offices of Baden V. Mansfield, changes in the agreement regarding visitation could mean shorter or longer visitation periods, arrangements for holidays, or altered days of visits. If the parents cannot agree, the courts may have to be petitioned to intervene.

In most cases, a modification is requested because of a change in circumstance that has an effect on the child. This could be due to altered financial capability, health status, domestic arrangements, geographic location, or relationship states. Whenever the change of circumstance can reasonably be expected to cause some type of harm to the child, a modification in the agreement can be entertained. In most cases, the changes affect the stability of the child’s home life.

Modifications in child custody and visitation agreements are usually petitioned in the court where the original agreement was approved, although not all states require it. However, what remains constant is the need for the assistance of a child custody and visitation lawyer to protect the rights of each parent and the child during the modification process. Family law is complex, and requires the knowledge of an experienced practitioner of family law to successfully work with it to the client’s best advantage.

read more

Related Posts

Tags

Share This