Child custody arrangements for military parents are unique and require careful planning, especially when deployments or long-term travel are involved. For military personnel, balancing family obligations and service duties can be tricky, but with proper legal planning, it’s possible to make sure your child’s best interests are met, even in the midst of service commitments.
When navigating a divorce, military members often have specific challenges that other parents may not face. One of the most critical aspects to consider is how your military obligations will affect your custody arrangement. Without proper foresight and negotiation, these issues can lead to misunderstandings and legal battles down the line.
In this blog, we’ll cover key aspects of child custody for deployed military parents, including how to plan for deployment, the role of the right of first refusal, and why negotiating a parenting plan ahead of time is essential.
Understanding the Need for Early Planning
One of the most important actions any military parent can take is to start discussing the potential impacts of deployment or travel well before any court decisions are made. Whether you anticipate a short-term assignment or a longer-term deployment, discussing these potential scenarios with your attorney can ensure that your parenting plan remains flexible and adaptable.
Military members should aim to negotiate a parenting plan that allows for future changes, particularly if their duties may take them away for an extended period. A good strategy is to include a parenting plan that reflects different schedules depending on the parent’s availability, as this avoids the need to return to court after every new deployment or change in duty station.
Why It’s Important to Avoid Court Orders in These Cases
In a traditional child custody case, a court orders a parenting plan based on the current situation. Unfortunately, the court cannot anticipate future changes, such as deployment or relocation. As a result, the plan that is established may no longer be practical after a few months or years, requiring costly and time-consuming modifications.
Rather than leaving your custody arrangement up to a judge, it’s better to negotiate a parenting plan that accounts for potential future changes. This approach can prevent the need for modifications later on, saving you time, money, and emotional stress.
What is the Right of First Refusal?
One crucial aspect of a parenting plan that can greatly benefit military parents is the right of first refusal. This provision allows a parent to designate a trusted third party, such as a grandparent or another family member, to care for the child when the parent is unavailable due to deployment or travel. However, the right of first refusal also requires that the parent first offer the time to the other party before designating a third party.
For example, if a deployed parent is unavailable to care for their child, the other parent has the right to offer the custodial time to the deployed parent’s family members, rather than immediately seeking outside care.
While the right of first refusal can be a great tool for military parents who want to ensure that their child is with family members when they are unavailable, it’s also important to understand when it might not be the best choice. If the right of first refusal is included in the parenting plan, it may create a situation where both parents feel obligated to share time with other family members rather than respecting the original parenting schedule. If that’s something you’d rather avoid, you may choose to exclude this clause from your agreement.
How to Approach Custody Negotiations as a Deployed Military Parent
When you are negotiating custody arrangements and dealing with the potential of being deployed, the more transparent you can be with your attorney, the better. Explain your expected military schedule, including potential future deployments and travel commitments. This allows your lawyer to create a parenting plan that can anticipate changes in your schedule and avoid unnecessary legal complications later.
When you can negotiate, you have the flexibility to create a parenting plan that meets your family’s unique needs. Some of the most important aspects to discuss during these negotiations include:
- Plan A and Plan B schedules: As mentioned earlier, it may be helpful to have two schedules—one for when you’re at home and another for when you’re deployed.
- Right of First Refusal: Discuss whether or not this provision is necessary for your family, and how it will be enforced.
- Communication plans: Make sure that the communication between the child and the deployed parent is clear and consistent. You may need to set up regular calls or video chats to maintain a connection.
Why You Should Work with a Family Lawyer
Divorce for military families is complicated, and child custody matters can become even more difficult when military duties come into play. It’s critical to work with an experienced family law attorney who understands the nuances of military life and can guide you through these unique challenges. Men’s Divorce Law Firm is here to help military parents understand their options and create an effective plan that works for both parties involved.
If you’re facing a divorce and have concerns about how your military service could impact your custody arrangement, don’t hesitate to reach out. Book a consultation with Men’s Divorce Law Firm today and start creating a parenting plan that works for your family, even during deployment.