Child custody disputes are complicated, whether the parents are civilians or in the armed services. But military service adds another layer of complexity to these disputes. For example, service members are regularly deployed for months at a time, during which they cannot take their children with them. Some parents are panicked about what will happen to their child. Furthermore, a judge might try to permanently change custody because of your military service.
North Carolina has adopted several laws regarding family law and military families. If you have questions regarding military divorce, child custody, contact Remington & Dixon to schedule a consultation. A Charlotte family lawyer can provide an overview of how a court will likely decide the dispute.
How Does a Judge Determine Military Child Custody?
Under North Carolina General Statutes § 50-13.2, the court must award child custody to the parent who will best promote the best interests and welfare of a child.
A judge uses the same “best interest of the child” factors when determining child custody for military families that they use with civilians. Some of the most important factors include:
- Each parent’s relationship with the child to that date
- Each parent’s physical and mental health
- The child’s needs
- A child’s ties to a community, school, or family
- Any history of domestic violence
- A child’s preferences (more weight when they are older)
Usually, a judge may consider any factor when deciding child custody. Parents may also negotiate child custody arrangements, which can relieve stress and make it easier to commit to the parent plan moving forward.
Do Servicemembers Have Any Protections for a Divorce in the Military with a Child?
Yes. Multiple laws protect servicemembers in child custody disputes.
The Servicemembers Civil Relief Act (SCRA) provides protection for servicemembers in divorce or child custody cases. This law protects service members on active duty from default judgments, which a court usually enters when one side fails to respond. For example, the law will temporarily stay a civil court proceeding (like divorce or child custody) until the service member can participate.
However, the SCRA cannot delay legal actions indefinitely. Ultimately, you will need to participate in the court’s process for allocating custody.
North Carolina has also adopted the Uniform Deployed Parents Custody and Visitation Act, which provides mechanisms for creating temporary custody when a service member receives notice of deployment. Parents are encouraged to draft temporary arrangements ahead of time. The temporary order should terminate automatically when the parent returns from deployment.
The law protects those in the service by prohibiting a court from issuing a permanent custody order based solely on deployment. This means you should not lose custody simply because you are deployed.
Under the UDPCVA, parents may also assign responsibility to another relative, such as a grandparent or stepparent. You should include this in your agreement. Spend some time coming up with a thoughtful plan ahead of time so that deployment goes more smoothly.
Permanent Moves: Military Relocation and Child Custody
Although deployment is temporary, some service members receive a permanent change of station (PCS) order. Current law does not give military members the right to simply move out of state with their child.
Instead, you will need court permission or consent from the other parent if you have a custody order. Often, the parent objects, and the court must consider whether to give you permission for the child to permanently relocate with you. If you leave without permission, a judge could hold you in contempt or simply change custody.
Ideally, parents must show that the move is in their child’s best interest. For example:
- You might receive a promotion and enjoy a higher income, which can help your child.
- You could move to be closer to extended family.
- The quality of schools might be better where you are moving.
- Judges realize the move is involuntary. Nonetheless, a judge will still assess how moving will impact your child’s relationship with the other parent, who will probably remain in North Carolina. A judge might allow the move but then grant more visitation to the other parent, such as during the summer or school vacations.
Service members typically receive PCS orders without warning and are expected to move quickly. Your head might be spinning about how to handle custody of your children. Call our office immediately for help.
Speak with a Charlotte Child Custody Attorney
Remington & Dixon, PLLC, is proud to represent service members and their families. Our firm can assist someone trying to establish an initial custody order or modify one. We can also draft temporary orders pursuant to state laws that will last while you are deployed. By working with our office, you can reap peace of mind, knowing that you can regain custody when you return back home.
Our firm can also help those who need to move due to a permanent change of station. We can also represent a civilian parent who is staying in North Carolina and wants to block a permanent relocation.
Contact us to get started with a military child custody issue. We have assisted many parents in the 28207 zip code and adjacent areas, including Mecklenburg, Cabarrus, and Union County.
