Nassau County Military Child Custody Attorney
Military Parents & Child Custody
Military parents face special challenges in handling child custody cases. Interconnected sets of rules and regulations apply, including state laws and federal laws governing the conduct of members of the military. Handling these complicated cases is difficult - military spouses need counsel to advise them on their legal rights and responsibilities. The Law Offices of Paul A. Boronow, PC, has over 20 years of experience and can guide you through the issues.
What Makes Military Custody More Complicated?
Like any other family, a military family facing the dissolution of a marriage needs to consider the best placement for a child. However, because of the potential of deployments and reassignments, there are unique factors to be evaluated.
Military parents may need their custody order to be flexible enough to handle their possible relocation and include special provisions for temporary custody or visitation changes if they are deployed. However, it is inappropriate and punitive to deprive military parents of time with their children simply because they have chosen to serve their country.
A legitimate question exists: What is in the best interests of the child? Can placement with a military parent be appropriate? The reality is that children do better in a consistent and loving home and the constant disruption of a military life may not be in their best interests. This does not negate the sacrifice or value of the military parent or the importance of his or her presence in the child’s life. It merely weighs the interests of the military parents against the interests of the child in favor of the child.
What You Need to Know About the Courts and Military Custody
Because of the unpredictable nature of relocations or deployment, it is essential that military families facing dissolution understand the following:
- Court actions, including custody disputes, may be placed on hold in the event a military parent is called into action or required to relocate.
- Legislation regarding military parent custody issues (the Uniform Deployed Parents Custody and Visitation Act) is currently pending in New York that may simplify and streamline the way these cases are handled.
- The military requires that every parent in the service create a "family care plan" that details:
- What will happen in the event of a short- or long-term deployment,
- Who will serve as a primary and alternate caregiver,
- Who the other biological parent is (if not selected as a caregiver) and contact information,
- How the child will be supported financially in the parent’s absence,
- Plans for transporting the child to and from caregivers, and,
- Who will become the child’s permanent custodian in the event of the death of the service member.
This plan is to be updated annually and reviewed with the appropriate military personnel. It may also be admissible in court as evidence of the military parent’s desires for his or her child.
Uniform Deployed Parents Custody and Visitation Act
The Uniform Deployed Parents Custody and Visitation Act is currently under legislation in the State of New York. This bill has been passed in 10 other states. When passed, it will ensure the rights of service members (for example, NY courts will no longer be able to consider deployments when deciding custody) and also hold them responsible for the financial aspects of taking care of the child. The military requires its employees to provide adequate support to their family members, and if the court orders that the employee’s wages be garnished due to child support non-payment, the military will enforce it.
Military custody issues can be complicated and challenging, but the Long Island military divorce attorneys at the Law Offices of Paul A. Boronow, PC, can offer you over 20 years of experience. We will give you a free consultation to discuss your legal rights. Contact us at (516) 227-5353.
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