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Military Child Custody - Marrison Family Law http://marrisonlaw.com Thu, 21 Jun 2018 12:11:30 -0600 Joomla! - Open Source Content Management en-gb How Can Military Divorce Affect Your Custody Agreement? http://marrisonlaw.com/blog/military-divorce/military-child-custody/how-can-military-divorce-affect-your-custody-agreement http://marrisonlaw.com/blog/military-divorce/military-child-custody/how-can-military-divorce-affect-your-custody-agreement

blog-logoChild custody is complicated enough in a civilian divorce, but when you are serving in the military it can be downright confusing.  It’s not that a military spouse cannot argue for custody in a military divorce, but there has always been an unspoken assumption that military members would not win a custody battle.  That may have been true when men made up a larger portion of the military, but apparently it is no longer the case.

It has already been proven that the mere fact of military service is not enough to prevent a a judge from awarding full custody.  Similarly, a civilian parent cannot argue that he or she should be the custodial parent simply because they are not in the military. For example, a female service member seeking custody might argue that the military dependent family can take advantage of excellent child care, better school systems and a safe, supportive environment on base.  Compared to civilian life, these advantages are very attractive because they are all available free of charge.  Most consumer goods are also available at greatly reduced prices from the Post Exchange (PX) on base.

When awarding custody in a military divorce, it is important for both spouses to recognize that the needs of military service come first.  As a result, spouses must remain cooperative with one another in the event of a sudden overseas deployment.   That said, family court judges still must consider the best interest of the child in making a decision about custody in a military divorce.  The courts may consider many factors, including each parent’s willingness to provide for the child’s physical, emotional and intellectual well-being.  The demands of military service are only one factor of many that will be considered in a custody decision.

Sometimes a military divorce occurs when both parents are in the military, which can really throw a wrench into proposed parenting schedules.  Fortunately, the military cooperates in cases where both parents are military service members by preventing their simultaneous deployment. 

When a parent is deployed, a Department of Defense directive, requires service members, civilian military employees, and their family members who are outside the United States to comply with court orders requiring the return of minor children who are subject to a court order on custody or visitation.

There are many nuances in a military divorce that your attorney can explain in more detail. Before you move forward with a custody decision in a military divorce, make sure you avoid making assumptions.  An experienced military divorce lawyer can help you come to an agreement on custody that works best for your family.

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pmarrison@marrisonlaw.com (Pat Marrison) Military Child Custody Thu, 13 Oct 2011 21:10:03 -0600
How to Collect Child Support from a Military Non-Custodial Parent http://marrisonlaw.com/blog/military-divorce/military-child-custody/how-to-collect-child-support-from-a-military-non-custodial-parent http://marrisonlaw.com/blog/military-divorce/military-child-custody/how-to-collect-child-support-from-a-military-non-custodial-parent

blog-logoAs a Colorado Springs attorney who specializes in collecting child support from military non-custodial parents, I know how many Colorado parents are confused about their enforcement options.  Like any other situation where child support enforcement is required, the military has a unique set of rules.  Knowing the system is a key element to successfully collecting a portion of military pay towards child support.

As most divorced military families are aware, the laws that pertain to military single parents differ from civilian laws.  For example, one of the penalties for not paying child support is dismissal from the military.  With a strong penalty such as this, one would think that collecting payments for custodial parents would be easy, but it isn’t always so simple for the one who wants to collect. 

Unless you work with an attorney specializing in child support for military non-custodial parents, it is possible to miss some important details pertaining to child support collection.  For example, the correct court order is necessary in order to collect support from military personnel.  This order must be shown to the Defense Finance and Accounting Service so they can garnish the wages of the service member.  Only when a wage garnishment is ordered by the court can the military do anything with the wages of military personnel.  Another thing to remember is that when it comes to enforcement of the order, the military will not assist unless they are presented with a valid court order to do so.  The more specifically the order states that a wage attachment is necessary, the less likely it is to be kicked back to the plaintiff for revisions.

If you need an attorney who has experience with enforcing child support orders among military non-custodial parents, or any other aspects of your military divorce, contact one of the professionals at the Marrison Family Law LLC for a free consultation.

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pmarrison@marrisonlaw.com (Pat Marrison) Military Child Custody Mon, 20 Dec 2010 20:16:53 -0700
Should a Long Deployment Affect Child Custody? http://marrisonlaw.com/blog/military-divorce/military-child-custody/colorado-springs-military-divorce-lawyer-should-a-long-deployment-affect-child-custody http://marrisonlaw.com/blog/military-divorce/military-child-custody/colorado-springs-military-divorce-lawyer-should-a-long-deployment-affect-child-custody

blog-logoColorado Springs has a very strong military presence, with many soldiers moving in and out of the area all year round.  With so many military families experiencing long deployments in Iraq and Afghanistan, it is no wonder that military divorce is on the rise.  Unfortunately, the fallout of this crisis can have a serious impact on their children.  If you have concerns about a long deployment and its potential impact on custody, consult with a Colorado Springs military divorce lawyer.

 

Proposed Legislative Action on Behalf of Military Parents

Military parents are often concerned about how a military deployment could affect their child custody rights in the event of a divorce, especially if they are deployed for long periods of time.  Thankfully, recent actions by Ohio Representative Michael Turner, and South Dakota Congresswoman Stephanie Herseth Sandlin may remove child custody and divorce concerns among military parents.  In a recent meeting with Defense Secretary Robert Gates, the two Representatives called for a legislative action which, according to the Navy Times, would create a “national baseline standard protecting service members and allay any unrest about future deployment being used as a criterion in deciding military divorce child custody cases.”

So far, the Pentagon has been opposed to such a measure, despite Turner’s relentless efforts over the past three years.  However, Gates made a promise to take another look at the concerns of service members. 

The reason the Pentagon has been reluctant to make such a mandate is they feel the state courts are better able to assess what is in the best interests of children. 

Iowa’s New Law Favors Service Members

Meanwhile, the state of Iowa introduced a new law on April 27 that clarifies the child custody rights of deployed military members to ensure they receive due process in the event of any proposed changes in child custody.  In addition, it gives service members the right to designate specific members of their family the right to exercise visitation privileges in their absence. 

If you have concerns about how your military deployment may affect your Colorado child custody rights in a divorce, the Marrison Family Law LLC has experienced Colorado Springs military divorce lawyers that can represent your interests in Colorado Springs court, even in your absence.

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pmarrison@marrisonlaw.com (Pat Marrison) Military Child Custody Tue, 06 Jul 2010 18:00:00 -0600