Can Military Deployment Lead to Loss of Child Custody Rights?
Parents who serve in the military have the same rights as civilian parents when it comes to child custody disputes. When a parent is deployed, the other parent cannot use that time to strip them of their parental rights. Because of how child custody disputes have negatively impacted military parents, a federal law was passed in 2014 to help parents who are serving their country. This law definitively answers the question of whether military deployment can lead to the loss of child custody rights in the U.S.
History of Child Custody Rights and Military Deployment
Illinois parents who serve in the military may be concerned with how a deployment will affect their children. Often, the non-custodial parent may care for the child while the other parent is deployed, but this can cause problems when the service member returns home and wants the child back. One military mother experienced the reality of this after she returned home from deployment. She found that her ex-husband was demanding that she produce a court order to get her daughter back. The woman was able to regain custody of her daughter after a lengthy two-year legal battle.
This was just one of many similar incidents that got the ball rolling on federal legislation to protect the rights of military members after a divorce. The Department of Defense has been aware of this problem for decades. It was even listed in the Department of Defense Suicide Event Report as a cause of military suicides. The initial discussions for this legislation were started in 2007, but the final wording wasn’t completed until 2014. Once Congress agreed on how it would help protect the child custody rights of military family members, the wording for the legislation was added to the National Defense Authorization Act for Fiscal Year 2015 (signed and made law in December 2014).
Why This Is a Federal Law
Divorce and child custody laws are different in every state. While state-level legislation could protect Illinois military members from losing custody of their children after deployment, that would help only if the case was tried by an Illinois court. Federal legislation means that every court in every state has to respect the rights of military personnel who have been deployed.
However, different states still have different child custody rules. Thus, while you can’t be penalized for being deployed or being a part of the military, that doesn’t necessarily mean you will get the child custody agreement you want. Courts still have the authority to assign child custody based on what is best for the child, and that won’t always be what you think is best. This is why it is important to hire an experienced Illinois family law lawyer, even if your child custody rights are protected by this federal law.
Are you worried about losing custody of your child after a divorce in Illinois? Our legal team at Wolfe & Stec, Ltd. has experience protecting the rights of active members of the military during divorce proceedings. Contact us today at 630-305-0222.
How Military Deployment Affects Child Custody Orders
While military deployments can’t be used to strip away your child custody rights anymore, that doesn’t mean military deployment is ignored by the courts. That just isn’t possible. The court needs to acknowledge your deployment when crafting custody orders, because your children can’t travel with you while you are on active duty. This is where the courts make a very subtle but important distinction. It is possible to have custody, even if your children are not currently living in the same location as you.
Legal Custody
Legal custody is the right to make decisions about how your child is raised. Some of the decisions you can make if you have legal custody are:
- Health care choices
- Religious training
- Education
- Activities your child engages in.
Even if you are thousands of miles away in another country, modern technology makes it possible for you to have an input on these types of decisions. The court can order that you have joint legal custody with your ex-spouse and can order your ex-spouse to take appropriate measures to consult with you on all decisions. In emergencies, your ex-spouse may have to make decisions without you, but overall, you should have as much control as they do, thus having a strong impact on how your child is raised, even when you are deployed.
Physical Custody
Physical custody refers to who children live with. The judge can’t strip you of physical custody rights just because you might be deployed. However, the judge may have to be creative with physical custody orders. If you are overseas for months or even years, your children can’t live with you during that time. Similarly, you may not be able to easily maintain an appropriate living space for children during deployment or the years you are in the military. Thus, even though a judge may want to grant you physical custody, it may be impossible, at least for a time. To combat this reality, a judge might grant you almost unlimited visitation rights, including overnight visits while you are in the States and are available.
Contact Wolfe & Stec, Ltd., About Child Custody Rights for Military Members Today
Navigating child custody rights when you are an active member of the military and could potentially be deployed at any time is complicated. Your ex-spouse can’t deny you access to your children, but the courts also have to weigh the realities of your situation against the needs of your children. An experienced Illinois family law attorney from our law firm can help you protect your rights and spend as much time with your children as the law allows.
Don’t delay — contact us for help today at 630-305-0222 if you are concerned about losing custody of your children because of your military or deployment status. Our attorneys can also help if you have been accused of any criminal charges, including drug crimes, criminal offenses, DUI/DWI, elder abuse, and felonies, and can assist with all family law and personal injury issues and more.
