Feature Article: How Military Service Affects Child Custody and Parenting Time
Many military service members are parents and, like any parent, they want what is best for their children. However, being in the military can have a significant impact on child custody and parenting time. Arizona Revised Statutes govern how deployment affects child custody decisions, and so military parents must familiarize themselves with this law to ensure that their child's interests are protected.
The Impact of Deployment on Child Custody
When one parent is in the military, their deployment can lead to changes in custody arrangements. According to ARS 25-411, the court must evaluate how a military parent's deployment will impact a child's best interests.
During a parent's absence due to deployment, temporary modifications to custody arrangements are often necessary. The court understands that deployment changes a parent's ability to provide regular care, and so modifications must be made to ensure that the child's needs are met. However, the parent's absence should not be the sole factor in modifying custody. The court will also consider other factors, such as the child's relationship with each parent, the preferences of the child if they are old enough to express them, and any history of domestic violence or substance abuse.
To accommodate military parents, the Family Care Plan was created. This plan provides a detailed outline of how the child will be cared for in the parent's absence, including who will be responsible for the child's needs and how they will be met. The court will consider the care plan when making custody decisions. Military parents should prepare their Family Care Plan early and ensure that it meets the court's requirements.
The Importance of Seeking Legal Representation
Military parents facing custody issues should seek legal representation with attorneys who have experience with military family law. An experienced attorney can help parents prepare for deployment and ensure that their interests and those of their child are protected.
For example, some parents may choose to give a power of attorney to a trusted family member or friend while on deployment. This power of attorney allows the person to make important decisions regarding the child's medical care, education, and other needs while the parent is away. An attorney can ensure that the power of attorney is properly executed and enforceable.
Additionally, an attorney can help parents who are facing deployment modify their custody arrangements and create a Family Care Plan that meets the court's requirements. An attorney can also help parents navigate the complicated legal process involved in modifying custody arrangements.
The Stress of Deployment on Children
Deployment can be stressful for both the parent and the child. Children may experience anxiety, depression, and other emotional and behavioral issues when a parent is deployed. It is important for parents to understand the impact of deployment on their child and take steps to minimize stress and support their child's emotional well-being.
Parents should communicate openly and honestly with their child, answering their questions and reassuring them that they will return home. It is also important for parents to maintain contact with their child while deployed, through phone calls, video chats, letters, and other means.
Parents can also seek out support services for their child, such as counseling or support groups. Military family service centers offer a range of resources for families of deployed service members, including counseling and support services.
The Importance of Cooperation Between Parents
Cooperation between parents is essential in ensuring that the child's best interests are served. When one parent is deployed, the other parent may be required to provide more care for the child. This can be a challenging situation, but parents must work together to ensure that the child's needs are met.
Parents should communicate regularly and honestly with each other, keeping each other informed of any changes or issues that arise. They should also work together to develop a parenting plan that outlines each parent's responsibilities and ensures that the child's needs are met. If a dispute arises, parents should seek mediation or other alternative dispute resolution methods to resolve the issue and avoid going to court.
The Unique Challenges of Military Service
Military service presents unique challenges for parents, and these challenges must be taken into account when making child custody decisions. However, with careful planning, communication, and cooperation, military parents can ensure that their child's needs are met, both during deployment and when they return home.
Military parents facing custody issues should seek legal representation from attorneys who have experience with military family law. They should also seek out resources and support services, both for themselves and for their child. By working together and taking steps to support their child's emotional well-being, military parents can successfully navigate the challenges of deployment and custody.
Conclusion
Deployment can have a significant impact on child custody and parenting time. However, military parents can take steps to protect their child's interests, including preparing a Family Care Plan, seeking legal representation, and cooperating with the other parent. By working together and taking steps to support their child's emotional well-being, military parents can successfully navigate the challenges of deployment and custody.
Military, Child
