Does the military have jurisdiction over child custody disputes in a divorce?
In Wisconsin, military divorce law does not give the military jurisdiction over child custody disputes in a divorce. Some states, such as Colorado and New Mexico, have specific laws that give the military jurisdiction over such disputes, but Wisconsin does not. In Wisconsin, the court system is the only institution that has jurisdiction over child custody disputes. The parents will decide who will have custody of the child or children, whether it is joint custody or sole custody. If both parents cannot agree on this issue, the court will make a determination based on the best interest of the child. While the military can take action to protect a service member from custody disputes, they do not have the power to decide who will have custody. The service member is entitled to certain rights under the Servicemembers Civil Relief Act (SCRA) which allow them to delay or suspend proceedings related to their civilian legal responsibilities due to military service. The military will only become involved in a child custody dispute if the service member’s deployment would have a substantial adverse effect on the child’s welfare. In this case, the court will delay the proceedings until the deployment is over or employ a custody arrangement which best accommodates the service member’s deployment. In Wisconsin, military divorce law does not give the military jurisdiction over child custody disputes in a divorce. The court system is the only institution that is responsible for hearing and deciding on child custody issues. The military will only become involved if a service member’s deployment would have a substantial effect on the child’s welfare.
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