How Is Child Custody Impacted By Military Relocations?

If you are going through a divorce and have children, child custody is sometimes one of the most challenging matters to agree on. When you are in the military and need to relocate, it is understandable to wonder how the move will affect custody issues. If you are in the military and have questions about child custody, speak to our child custody attorney in Skokie at Gordon & Perlut, LLC for legal advice.

How Military Status Can Affect Child Custody

The fact that you are in the military should have no bearing on child custody. Most states, including Illinois, require that the child’s best interests dictate the custody agreement. But it is understandable if you worry about the possibility of frequent relocation and even deployment to affect your ability to have custody. Again, this is understandable, but as noted below, having a comprehensive custody agreement and parenting plan to deal with these potential issues will help.

Possible Issues With Relocating Children After A Divorce

If you are in the military and need to relocate with your child after the divorce, it is helpful if the custody agreement provides steps in case of military relocation. If it does not, both parties can return to court and modify the child custody order. However, there are situations where a military member relocating or deploying can affect the child custody agreement.

If the military parent needs to relocate for more than 20 weeks, it may be termed a permanent change of station. Some issues that can occur with child custody and military relocation are:

  • Many states have provisions that moving the child will be in their best interests.
  • The court’s decision is based on the state’s laws where the military member wants to move the child.
  • A state could prohibit the relocation of the child if it is not in their best interests.
  • Child custody agreements are dictated by the state and not federal laws.

The Importance Of The Child Custody Agreement

The child custody agreement is always crucial in a divorce, but it may need additional provisions if one or both parents are in the military and need to relocate. All military parents going through a divorce should consider how relocation or deployment can affect their custody agreement. For example, a military member can be sent overseas or to another state with minimal notice.

Usually, a parent cannot relocate the child to another state without violating the agreement. But military parents are frequently aware of the chance they can be relocated, so it is wise to have special provisions in the child custody agreement to address this possibility. If you are a military parent, you should talk to your child custody attorney in Skokie about how to craft the custody agreement with this in mind.

Talk To Our Child Custody Attorney In Skokie

Child custody can be a contentious issue in any divorce, especially with military relocation. If you need assistance with child custody issues and are in the military, contact our child custody attorney in Skokie at Gordon & Perlut, LLC, at (312) 360-0250.