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D.C. Area Military Law Blog

Will my service in the military affect my ability to get custody?

There is a lot about military life that is tough on a couple. Numerous service member spouses choose to call it quits because they cannot take the stress anymore. While there are a number of issues present in military divorces, for those with children figuring out child custody is one of the biggest challenges. How do you split custody when you know the nature of your job will take you away from home more often than you would like?

Technically, military service should not be a factor when it comes to deciding how much time you will get with your kids -- but it really is. Your spouse may use your job as an excuse to get full custody. Nevertheless, just because you are getting a divorce, it does not mean you lose your parental rights. You may just have to fight harder than many civilians for shared or sole custody if you believe it will serve your child's bests interests.

Supreme Court To Rule On Military Divorce Issue

In most cases divorce is a difficult process. There are usually multiple matters that need to be addressed. The division of property can be complicated, particularly in the case of military divorce where military retirement pay is concerned. The laws regarding matters such as these are not set in stone and can change. The U.S. Supreme Court recent heard a case on military pay and will rule on it later this year.

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