How is custody determined in a military divorce?

In California, the law grants both parents equal rights to custody of their children during a military divorce. Custody is determined based on the best interest of the child. The court will take into consideration a variety of factors, such as the parents’ ability to provide a stable home environment, the physical and mental health of both parents, the relationship of the child with each parent, and the child’s age and gender. The court may decide to award sole physical and/or legal custody to one parent if one parent poses an emotional or physical danger to the child. Additionally, if the parent on active duty has frequent deployments, long absences, or is in need of transfers, the court may award sole physical custody to the other parent. If both parents can provide a safe and healthy home environment, then the court could grant joint physical and legal custody. The court may also award visitation rights to the non-custodial parent. The court takes into account the frequency and duration of the parent’s deployment schedule and the parent’s access to telecommunication services when establishing visitation rights. Furthermore, the court may also decide to grant the non-custodial parent guardianship rights if they have established a close relationship with the child. In the case of a military divorce, the court will make a final decision on custody based on the best interest of the child.

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