North Carolina military members who have divorced a civilian former spouse may have a more difficult time in court regarding child custody. Since military members can be transferred at a moment’s notice, it’s not uncommon for courts to initially weigh against the military member having full custody of the child. However, there are various laws in place that can help military members to receive equal consideration for the custody of their children.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act is federal legislation intended to serve active-duty members of the various branches of the military. Under this act, an active-duty military member can get an automatic 90-day postponement of any court or administrative proceedings regarding child custody. The presiding judge may use their own discretion to determine whether or not an additional delay beyond the initial 90 days will be authorized.
Construct a family care plan
One of the best things you can do as a military service member when it comes to child custody is to construct a family care plan. This type of plan helps to outline what happens to your children in the event that you become deployed or relocated. It covers things like who’s going to care for your children in a financial, physical, medical and logistical sense. When you go into court with a family care plan instituted, it shows the judge that you’ve thought about what will happen if you do get called to active duty and that you have a plan in place to handle it.
There’s no denying the fact that child custody matters are more challenging when you’re in the military. Being called to active duty can seem like a big liability, but by instituting the information above and working with a family law attorney, you may boost your likelihood of getting a desirable outcome in your child custody case.