Custody Issues for Military Service Members in Tennessee

A Shelby County, Tennessee child custody attorney knows that a military divorce can bring unique challenges, especially when it comes to child custody issues. Getting divorced isn’t easy, and adding children to the mix makes it even more difficult. Then include a parent who is enlisted in the military, and there are additional complexities to work through.

Even when one or both of the parents are in the military, like every custody case, the best interests of the child are considered first and foremost when making custody decisions. The court will consider a number of factors when making these decisions. Working through them with legal counsel may prove very helpful when preparing for such a case.

Child Custody During Deployment

If a military parent is sent to a foreign country, the child will remain in the states. This means giving up custody temporarily until the parent returns. Servicemembers can place their child(ren) in the care of the child’s other parent, a step parent or another relative.

Unfortunately, upon returning some may face an unexpected custody battle if the individual with temporary custody, often the child’s other parent, tries to make it permanent. Even if other arrangements are made, there is the possibility that someone will try to take over permanent custody.

The good news is that in the state ofTennesseethere is a law on the books that prevents this from happening. Despite the law, some may still find themselves needing legal representation to work through custody challenges or similar issues that might present themselves.

Of course, through the Servicemembers Civil Relief Act (SCRA), military members may ask that civil proceedings be suspended during their deployment. This may be used to suspend a custody battle, at least temporarily, until the servicemember returns home.

However, some courts may not apply the law to child custody cases. Once again, courts consider the best interest of the child. Although the SCRA is put in place to help servicemembers, the best interests of the child typically come first. If the court determines that it is in the best interest of the child not to suspend the case, the case may proceed.

Deployed Military Parents’ Visitation Rights

Visitation rights also apply to deployed military parents. For instance, once the parent is home on leave, arrangements typically are made for the child(ren) to visit with him or her during the leave.

While the military parent is deployed, the other parent usually will be asked to make sure the military parent has access to the child(ren). This may be accomplished by way of emails, phone calls or other means. In other words, deployment shouldn’t take away a parent’s right to interact with his or her children.

If the deployed parent is not the normal custodial parent, he or she may face unique challenges. In some cases, the court may allow the deployed parent’s family members to take over in-person visitation until he or she returns from overseas. Still, visitation via phone, email, etc. may be allowed so the servicemember can remain in contact with his or her children.

These situations can be complex. It can leave both parents wondering about their rights. A consultation with an attorney familiar with custody issues, especially those pertaining to military members, may prove very helpful in working through the issues and ensuring that your rights to custody and/or visitation are not affected by your deployment.

To learn more, see Military Divorce Laws in Tennessee.

Seeking Help from a Shelby County, TN Child Custody Attorney

Whether you are the parent whose ex is a service member or you are the one enlisted in the military, contact an attorney at the Miles Mason Family Law Group at 1-901-683-1850 to better understand your rights and those of your ex-spouse.

Even without these special circumstances, there are complexities that can impact any divorce. To help you prepare, we also offer a FREE eBook, which can guide you in taking the right steps as you plan for your divorce.