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Custody and Parenting Plans

Raising a family is difficult as it is, and when one spouse is away serving in the military it can reach a whole new level of complicating. While some spouses are able to roll with the punches of the long distance relationship during different periods of the marriage, others are unable to and for whatever reason it may be, these couples choose to file for a divorce. In the event of a military divorce, and there are children involved, establishing a parenting plan is a vital part of the divorce and child custody process and can be made more simple with the professional legal help of a California military divorce lawyer at Cutter & Lax.

When civilian couples choose to divorce, they will work through an agreement for child custody. Together they will decide how long Susie and Johnny will live with mom and then how often they will stay with dad. This agreement would determine the physical location as well as the duration for the custody while at the same time addressing who has the legal rights over decision making on behalf of the child. What varies for military members is the uncertainty of life and the future. Even if one member has been stationed in California for years, the chance of deployment may come in the blink of an eye. Because of this, the child custody process can become more difficult; though not impossible.

With the help of a skilled military divorce attorney you and your spouse can determine a parenting plan that will take into account the ever changing schedule of those in the service. While you will initially create a child custody arrangement, this parenting plan will act as a backup in the event of deployment, etc., allowing both parents to be prepared for whatever may happen. When one or both parents are in the military, communication is an absolutely essential part of parenting, and should be maintained as long as the children are minors.

In the case where one parent is a service member and the other is a civilian, if the service member is deployed the civilian would then take custody of child during the time of the deployment and upon arrival the original plan would likely be reinstated. However, if the military parent at some point remarried and is then deployed, depending on the state the spouse may be given what is called "temporary custody" during the time the spouse is away for service.

Military divorces involve many extra details that may not be addressed in a civilian divorce, and because of that you want to hire an attorney with specific experience and skill in this particular area. At Cutter & Lax we have over 30 years of combined legal experience and we are prepared to help you with any and all of your military family and divorce matters. Contact us today for more information!

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