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

In North Carolina, the military does not have jurisdiction over child custody disputes in a divorce. The determination of child custody is solely the prerogative of the state court. The state court has the exclusive authority to make a custody order in any divorce action, including for military families. When making a custody order, the court will consider the best interests of the child in determining who should have custody of the child. The court must be presented with evidence that demonstrates who the custodial parent should be. Factors taken into consideration include the fitness of each parent, the wishes of the child, family dynamics, and the child’s schooling and religious background. In some cases, the military may be able to enforce a custody order issued by the state court, if both parties are members of the military. For example, the court may issue a Temporary Custody Order that is enforceable by the military. The military can then ensure that the terms of the order are met and that the custodial parent follows the order. Ultimately, however, while the military has a vested interest in ensuring that service members fulfill their obligations, in North Carolina, it is the state court that has the ultimate authority to determine child custody disputes in a divorce.

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

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