Family Law in the Military

Family law as an active member in the armed forces essentially follows the same rules, procedures and laws that family law entails outside of the military. There are slight differences of course due to the nature of people’s jobs within the military and how much they may or may move around to different bases around the country or around the world. This fact alone can prove difficult for families to overcome. However, soldiers can be taken advantage of while they are abroad. It’s not uncommon to hear about a mother or father that filed for divorce and custody while the other parent is overseas serving their country. It can be truly crushing to not be able to do anything about it directly due to the obligation a soldier has to uphold. There are people and organizations out there that do nothing but help parents in situations like this.

  • The Servicemembers Civil Relief Act. Put into effect in 1940, this law acts as a legal shield for members of the armed forces who are away from their homes and families. In essence, it doesn’t allow an active duty soldier to be sued or served with legal documents. This allows for some time to prepare to do something about it upon returning home. Mothers and fathers in the military should educate themselves on these kinds of laws that are out there to protect them.

Obviously the judge presiding over this case is going to make a decision that’s in the best interests of the child. From the other end of the argument, a mother looking after the family while the father is away could decide that it’s better for the children if they lived with her rather than a parent that never stays in one place for too long. There will always be a lot of factors involved in making a decision like this. The goal should be to keep the family together if it’s a good situation.

If divorce and shared custody are in the cards regardless, making sure your kids are in the best possible living situation is your top priority. Every case is going to be different. Examining all the reasons for making big decisions within the family should be well thought out. Making hasty decisions due to anger or sadness doesn’t do anybody any good. Educating yourself on the laws that are in place will do you a lot of good, whatever side of this you’re on; know your rights as a parent.

www.aboutthechildren.org

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Posted in Family Court, Mediation, Military, Modifications, Parenting Tips

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