When it comes to divorce, one of the most crucial aspects that parents need to determine is child custody. However, this decision can become even more intricate if one of the parents is serving in the military. In the state of Florida, there are specific provisions in place to address the unique challenges faced by military parents, including deployment.
Understanding Child Custody
Child custody in Florida can be categorized into two main types: physical custody and legal custody. Physical custody entails where the child primarily resides, while legal custody refers to the authority to make important decisions regarding the child’s welfare, such as matters related to education, healthcare, and religion.
In Florida, it is common for parents to share both physical and legal custody of their children, unless one parent is deemed unfit or special circumstances arise. The primary factor taken into consideration by the court in determining child custody is the best interests of the child.
Custody Issues Involving Military Parents
Military parents encounter distinct challenges when it comes to child custody, with deployment being a significant concern. When a military parent is deployed, fulfilling their parental responsibilities may become difficult, potentially impacting their ability to retain physical custody of their child.
Under Florida law, if a parent is called to military duty, the court has the power to modify a custody order. This modification may grant the non-military parent temporary physical custody of the child. However, the military parent can still retain legal custody and retain the right to make important decisions on behalf of the child.
Safeguarding the Rights of Military Parents
The Servicemembers Civil Relief Act (SCRA) is a federal law that safeguards the rights of military members facing legal proceedings while on active duty. This also applies to child custody cases. The SCRA allows military parents to request a stay or delay in the proceedings if their military obligations impede their ability to participate.
Moreover, the SCRA prohibits courts from making custody decisions solely based on the military parent’s deployment. This ensures that a military parent does not automatically forfeit custody of their child due to their military service.
In Conclusion
Child custody cases involving military parents can be complex and require careful consideration. If you are a military parent grappling with a custody dispute, it is vital to seek guidance from a knowledgeable family law attorney. They can provide invaluable assistance in understanding your rights and ensuring your interests are protected. Ultimately, the court’s decision will be guided by what is in the best interests of the child.