Divorce is rarely simple, but when one or both parties are in the military, the process can be even more complex. For fathers who are members of the armed forces, understanding their legal rights is critical. Military service presents unique challenges, especially when it comes to divorce and child custody.

Understanding Military Divorce

Military divorces differ from civilian divorces in a number of ways, primarily because of the federal laws and regulations that apply. While state laws govern divorce, custody, and property division, certain federal rules must be taken into account when one or both spouses are in the military.

Understanding SCRA and USFSPA

One key factor is the Servicemembers Civil Relief Act (SCRA), which offers certain protections to military members in legal proceedings. This law allows active-duty service members to postpone court proceedings if their military duties prevent them from participating, which means a father who is deployed or on active duty can request a delay in divorce proceedings or custody hearings until they can return and adequately participate.

Additionally, military pensions, benefits, and entitlements are handled differently in military divorces. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement pay is divided, but it does not guarantee that the spouse will automatically receive a portion.

Custody and Deployment

Custody arrangements in military divorces are a critical issue. For military fathers, deployment and relocation can significantly complicate custody agreements. Courts make custody decisions based on the best interests of the child, considering factors like stability, proximity to family, and the ability of each parent to care for the child. However, for military fathers, the unpredictable nature of deployment can lead to unique challenges.

In some cases, a court might decide to grant primary custody to the non-military parent if the father’s military obligations interfere with their ability to provide stable care. However, military fathers do not lose their parental rights simply because they are deployed. Many states have enacted laws that protect deployed service members’ rights when it comes to child custody. These laws may require that the custody agreement be revisited upon the father’s return, allowing him to seek modifications based on his changed circumstances. Additionally, temporary modifications may be put in place during deployment, giving the father a right to resume his parenting time or custody arrangement once he returns from active duty.

It’s also worth noting that the courts take a father’s relationship with his children into account when making custody decisions. A strong, pre-existing relationship, regular communication, and demonstrated involvement in the child’s life can help a military father retain meaningful custody or visitation rights, even if his military duties pose challenges.

Visitation Rights and Parenting Time

Maintaining a consistent presence in a child’s life can be difficult for military fathers, especially during deployments or relocations. Courts understand these realities and try to accommodate military fathers’ schedules whenever possible. Fathers who are in the military have the right to reasonable visitation, but this can sometimes take a creative approach. For example, a court might award a father extended visitation time during periods when he is on leave or stationed locally. In addition, many states offer protections that prevent permanent modifications to custody or visitation agreements solely due to military deployment, which allows military fathers to maintain their rights without fear of losing access to their children during times of service.

In cases where in-person visitation is not feasible, courts may allow for virtual visitation, using tools like video calls and online communication to help fathers stay in touch with their children. Virtual visitation can be a meaningful way to maintain a strong bond with children, especially during lengthy deployments. These options can help fathers continue to play a role in their children’s lives, even when separated by duty.

Child Support Obligations for Military Fathers

Military fathers are obligated to provide financial support for their children, just like any other parent. State guidelines typically determine the amount of child support, and it’s based on the father’s income, the mother’s income, and the number of overnights each parent has with the minor child. However, military pay is structured differently from civilian pay, and it includes allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). These allowances are factored into the total income when calculating child support.

In cases where a father is deployed or his income changes due to military status, he may be able to request a modification to the child support order, which ensures that the child support amount reflects the father’s current financial situation and ability to pay. Fathers should keep the court informed of any changes in their pay or military status that could affect child support obligations. Failing to meet child support obligations can result in wage garnishments, legal penalties, and even issues with military promotions, so it’s important to stay current with payments or work with the court to adjust them as necessary.

Seek Legal Guidance

Military divorces present unique challenges, but fathers have legal rights that are protected by both federal and state laws. From custody and visitation to child support and the division of military benefits, fathers need to understand how their military service impacts these proceedings. While the complexities of military life can complicate custody arrangements and financial obligations, courts recognize the sacrifices service members make and strive to protect their parental rights.

Call ADAM American Divorce Association today at 248-290-6675 for a free phone consultation. By being informed and working with an attorney familiar with military divorce law, fathers can navigate the process while ensuring that their rights and their children’s best interests are safeguarded.