Divorce is a challenging and emotionally draining process for couples, but when it involves military families, it can become even more complex. Military divorces introduce unique issues, such as child custody, visitation, and child support. Understanding the specific laws and regulations surrounding child custody in military divorces is essential. In this article, we will explore child custody in military divorces in the state of Georgia.
Child Custody and Military Divorce in Georgia
Child custody is a critical aspect of any divorce, and it becomes even more critical in military divorces. Both parents must prioritize their child’s best interests, and the court must guarantee the preservation of parental rights. Determining child custody involves two key components: physical custody and legal custody.
Physical custody pertains to the parent with whom the child lives and spends the majority of their time. On the other hand, legal custody refers to the parent’s authority to make decisions regarding the child’s welfare, including education, healthcare, and religion.
The Process of Making Child Custody Decisions in Georgia
In Georgia, child custody decisions are primarily based on the best interests of the child. The court takes multiple factors into consideration when making these decisions, including the child’s age, sex, and overall health. Additionally, the court evaluates the parent’s ability to provide for the child, the emotional bond between each parent and the child, and the child’s adjustment to their home, school, and community.
Georgia’s Military Relocation Statute
For military parents in Georgia facing potential child custody issues due to deployment or re-stationing, there is a specific statute in place to address their concerns. Known as "The Servicemembers Civil Relief Act" (SCRA), this law applies to Georgia residents who are called to active duty or temporarily re-stationed. It provides military parents with the ability to file a motion for temporary custody modification to account for their deployment or re-stationing circumstances.
The Importance of Parenting Plans in Georgia
In every divorce involving minor children in Georgia, it is mandatory to establish a parenting plan. A parenting plan is a document approved by the court that outlines the specific arrangements and responsibilities of each parent in relation to the child. Both parents must agree on a parenting plan or submit individual plans for the court’s approval.
Visitation Arrangements in Military Custody Cases
In situations where an active-duty military parent cannot have physical custody of their child, they may be granted reasonable visitation rights when they are not deployed. Any visitation arrangement must always prioritize the child’s best interests. Alternatively, military parents also have the option of designating a family member or a trusted third party to visit and maintain a relationship with the child during their absence.
Conclusion
In conclusion, child custody laws in Georgia apply to both military and non-military families. The court carefully considers various factors to determine what is in the best interest of the child when making child custody decisions. Military parents in Georgia have the extra support of the SCRA, which enables them to seek temporary custody modifications if they are deployed or re-stationed. It is crucial for individuals going through a military divorce with children to seek the assistance of divorce lawyers who specialize in military family law. This ensures that their parental rights are protected and that the best outcome for their child is achieved.