Military Divorce and Child Custody

Military service members face unique challenges regarding child custody. A parent may be deployed to a different state or country, causing Military Divorce Lawyer in Richmondthe parent to lose custody. Once the parent returns, there may be a difficult fight to regain custody. As a result, you will want to work closely with a military divorce attorney to ensure that your interests are represented.

Servicemembers Civil Relief Act Explained by a Military Divorce Lawyer
One of the key protections afforded to military service members going through a divorce is the Servicemembers Civil Relief Act, or SCRA. A military divorce attorney in the Richmond/Williamsburg area can explain to you that this federal law protects your legal rights when you go into active duty. In particular, the SCRA provides a stay on court proceedings including divorce and child custody matters.

Our military divorce attornies can help you postpone a court or administrative action in cases where military duty impacts your ability to represent yourself. Generally, you can receive a stay of 90 days. However, in special cases, you may seek an additional delay. 

Family Care Plan
Members of the military will usually have a Family Care Plan when they enter the armed forces. The plan will address things like who will take care of children, support for family members and who will have short- and long-term custody of the child.

Virginia Child Custody Laws
Along with special protections specifically for military service members under federal law, Virginia laws may also provide some relief for parents who are forced to spend time apart from their children due to military service. Under the Virginia Military Parents Equal Protection Act, military parents may be able to seek expedited custody hearings and delegation of visitation rights. 

In addition, state child custody laws will generally provide the basic rights for parents seeking custody. A military divorce lawyer can explain Virginia best interests standard for determining which child should have custody including family life, any history of abuse and even the child's preferences.

Contact a Military Divorce Lawyer
Military service members going through a divorce will need the assistance of a military divorce lawyer in Richmond to understand the unique laws that apply them. Child custody is one of the most important issues you will deal with. 

Contact the experienced military divorce lawyers at Smith Strong at 804-325-1245 (Richmond office) or 757-941-4298 (Williamsburg office) to discuss the specifics of your case.