Relocation challenges for military parents in child custody

On Behalf of | Sep 13, 2021 | Divorce |

One of the most difficult challenges for divorcing couples is trying to navigate the laws pertaining to child custody and visitation.

The process can be especially daunting for military families because relocation is imminent and state laws vary.

Considerations for a military divorce in Hawaii

For the most part, establishing a custody agreement is the same for military parents as it is for civilians. However, Hawaii courts are aware of how relocation laws and custody orders can impact families during reassignments and deployments. Therefore, specific rules and considerations exist to ease difficult transitions for military children.

The Servicemembers Civil Relief Act

Because your active-duty service obligations can conflict with your military divorce case, the Servicemembers Civil Relief Act entitles you to certain legal protections. When you invoke your rights, you can request to postpone court proceedings until you can appear in person. This prevents your spouse from changing custody arrangements while you are away on military orders.

Family Care Planning

Most military families expect to receive relocation orders at some point. This serves as an advantage when making custody agreements because, unlike many civilian job transfers, the transition is not a surprise to either party. You should maintain a family care plan that designates caregivers and assures child care in the event of military relocation, training or deployment.

Because you face unique challenges as a military family, it is in the best interest of your family for you and your spouse to agree on a parenting plan that meets your children’s needs and also fits your lifestyle.