Special Considerations for Child Custody Rules for Military Families
Military families have special challenges that other families who are not serving do not have to experience. One is having to periodically live apart for various amounts of time. Service members often have to spend time away from their families if they are on active orders. When two parents decide to divorce, and one of the parents is in the military, the rules that apply to child custody in Oklahoma are tweaked to account for the unique circumstances that these families face.
If you are in the military and divorcing in Oklahoma you may be concerned about how your service will affect your situation and your time with your kids. Child custody can be one of the most emotional and difficult aspects of divorce to iron out. Military members should not have to be anxious about having their job affect their relationship with their children in child custody matters.
When facing divorce the Oklahoma City family law attorneys at the Putnam Law Office can explain your rights to you and also help you secure the most advantageous resolution for your situation.
What Happens with Child Custody in Families Where One Parent is Active Duty Military?
Co-parenting can be much harder for military families if one of the parents may have to relocate every several years or be sent away for duty for an unspecified amount of time. This is why the normal rules pertaining to child custody that work for civilian families do not for military families.
Service members who are worried that their job will affect their ability to be with their children can rest assured that this is not the case. For these individuals, visitation rights will be protected. While a child custody agreement can be established, deployments that a military parent may be subject to will not affect the terms. Meaning when deployment is over, and the military parent comes home, they can get right back into seeing their children based on the terms of the custody agreement. While deployed, the military member can name a person who will assume visitation with their children on their behalf.
Due to the fact that the government may decide at any point that a military member must relocate, when this happens, the amount of time that notice must be given to another parent is more flexible. If their relocation orders are provided with sufficient time, then a notice to the other parent must be done 60 days in advance. However, relocation orders on short notice mean that a service member must only provide notice 10 days in advance. With the relocation notice, a potential visitation schedule should be included.
Also, when it comes to working through a divorce and figuring out custody, this could come with several child custody hearings. If an active duty member will not be able to make a hearing due to their circumstances with the military, they may be granted delays or stays of such proceedings to account for this.
Speak with an Oklahoma Divorce Attorney Today
It can be complicated to figure out child custody matters when one parent is in the military and can have to leave home at any time and for any length of time. But, military members are not without their protections. For help with divorce and child custody matters in Oklahoma, please call the Oklahoma divorce attorneys at the Putnam Law Office to schedule a free consultation at (405) 849-9149.