When one parent serves in the military, child custody arrangements require special consideration of deployment schedules, relocation orders, and federal protections. At Hobson & Hobson, P.C., our Georgia family law attorneys help military families navigate these complex situations while protecting parental rights and children’s best interests.
Key Factors in Military Child Custody Cases
Family courts prioritize children’s stability while balancing military parents’ service obligations. Three critical elements shape these cases:
- The Servicemembers Civil Relief Act (SCRA) allows active-duty parents to request custody hearing delays during deployments 50 U.S. Code § 3931
- The Uniform Child Custody Jurisdiction Act (UCCJEA) determines which state has legal authority over custody matters
- Military parents must provide detailed Family Care Plans outlining childcare during deployments
![Military parents should update family care plans before deployments and maintain detailed communication logs with co-parents]
Custody Types for Military Families
Georgia recognizes two primary custody arrangements:
| Physical Custody | Legal Custody |
|---|---|
| Determines where child lives | Governs major decisions (education, healthcare) |
| Often shared through joint custody | Typically shared unless safety concerns exist |
Military deployment alone doesn’t constitute abandonment, but courts examine:
- Deployment frequency and duration
- Child’s existing bonds with each parent
- Non-military parent’s willingness to facilitate contact
- History of parental involvement during service periods
Legal Protections for Service Members
The Military Custody Protection Act prevents courts from modifying custody orders solely due to deployment. Key safeguards include:
- 90-day stay of proceedings during active deployments
- Prohibition against considering deployment as child abandonment
- Requirement to reinstate pre-deployment custody terms unless detrimental to child
Twenty-three states have adopted military custody protection laws with additional safeguards. Georgia’s statutes prevent permanent custody changes based solely on temporary duty assignments DoD Instruction 1342.19.
Building a Strong Custody Case
Military parents should:
- Document all communication with co-parents using apps like OurFamilyWizard
- Maintain detailed records of caregiving during leave periods
- Coordinate with base legal assistance offices
- File custody modifications before PCS transfers or deployments
“Courts increasingly recognize military service’s unique demands. Proper planning often allows service members to maintain strong parental rights despite deployment schedules.” – Sarah Hobson, Family Law Attorney
Special Considerations for Divorce in Military With Children
Child support calculations include:
- Base pay and housing allowances
- Subsistence allowances
- Special duty pays
The 20/20/20 Rule determines whether ex-spouses retain military benefits:
- 20 years of marriage
- 20 years of service
- Overlapping 20-year period
FAQ: Military Child Custody Concerns
Can a military father get full custody? Yes, if courts determine it serves the child’s best interests. Military status alone doesn’t disqualify parents from custody rights.
How does deployment affect visitation? Courts may order virtual visitation via video calls and adjust physical visitation schedules around deployment cycles.
What are military custody protection states? States with laws preventing custody penalties for deployment. Georgia requires clear evidence of harm to modify military parents’ custody rights.
Can custody orders cross state lines? The UCCJEA generally maintains original jurisdiction unless both parents and child permanently leave the state.
Protecting Your Parental Rights
Hobson & Hobson’s military family law attorneys help service members:
- Create enforceable Family Care Plans
- Modify custody orders before/after deployments
- Enforce SCRA protections in court
- Navigate interstate custody issues
We collaborate with military support organizations like:
With five Georgia offices and 30+ years’ experience, our team provides flexible consultations to accommodate military schedules. Contact us to discuss your specific situation and protect your relationship with your children during and after service.
Key Resources
- Military Parent Custody Rights Handbook
- DoD Child Custody Guidelines
- Georgia Custody Modification Forms
![Hobson & Hobson serves military families across Georgia with offices in Marietta, Roswell, and Alpharetta]
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
