How is custody determined in a military divorce?

Custody is determined in a military divorce in North Carolina like it is in any other divorce. North Carolina requires both parties to make a child custody agreement and submit it to the court for approval. This agreement will list the details of the physical and legal custody arrangements, such as who will have primary residential custody and the rights and responsibilities of each parent. If both parties cannot come to an agreement, the court will make the decision based on what is in the child’s best interest. In making their decisions, the court considers many factors such as the parents’ capacity to foster a positive relationship with the child, parent-child relationships, the child’s age, any special needs, and the lifestyle of the parent. The court may also consider the stability of the parent’s home environment, the health of the parent, the parent’s income and employment status, and any history of abuse or neglect in the home. In addition, the court may take into account the demands of a military career and its potential impact on the child. If one parent is in the military and is transferred to another location, the court can assign temporary custody. Parents must agree to a parenting plan that includes visitation rights and a schedule that allows the military parent to return for visits. The court may also appoint a Guardian ad Litem to represent the best interests of the child in military divorce cases.

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