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Military parental custody rights during deployment

The number of service members who are being deployed has increased in recent years, leaving many military parents concerned about their custody rights. When military parents divorce during deployment, there is a real worry that they could lose custody of their children. For those facing these issues in Florida, there are steps that can be taken in order to avoid this.

According to the U.S. Department of Defense, issues related to the visitation and custody of their children can detrimentally affect these parents. In fact, worry over such issues can even make it harder for military personnel to complete the missions that have been assigned to them. That is the reason for the Servicemembers Civil Relief Act, which provides a 90-day, mandatory stay of any legal or custodial proceeding when a service member has been deployed. Many need more time than this, however.

That's where the states come in. Some states grant full custody to the non-military parent just for the duration of the deployment. Other states allow the service member to choose a guardian for a temporary award of custody in his or her place. Many states have their own laws to deal with military families during a divorce.

For Florida military parents who are facing divorce, the threat of losing custody of a child is a real one. These parents could benefit from speaking with a family law attorney, who can help guide them in the best ways to keep custody of their kids. The family law lawyer can discuss applicable state and federal laws concerning custody during deployment, and represent the client's interests in all applicable family curt proceedings.

Source: uniformlaws.org, "Deployed Parents Custody and Visitation Act Summary", Accessed on Aug. 28, 2017

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