Does the military have jurisdiction over child custody disputes in a divorce?

In California, the military does not have direct jurisdiction over child custody disputes in a divorce. However, the state laws that govern a custody dispute may take into account the fact that one of the parents is in the military. For example, the court may consider the amount of time a military parent is away on active duty when deciding a custody or visitation order. If the military parent has orders for a permanent change of station (PCS), the court can incorporate the military parent’s relocation into the visitation order. This means the court can approve a mutually agreed-upon visitation schedule between the two parents without the military parent physically present during the visitation periods. The court also can consider any unique circumstances unique to the military parent in order to make an informed decision that is in the best interests of the child. For example, if the military parent is frequently on deployment, the court may consider the resources and support system available to the non-military parent when making a decision. Ultimately, the court will make a ruling based on the best interests of the child and the capabilities of each parent. The court will look at a variety of factors, including each parent’s ability to provide a supportive, stable home and the level of involvement the military parent can have while deployed.

Related FAQs

Does the military have jurisdiction over child custody disputes in a divorce?

Related FAQs

Related Blog Posts