How Deployment Can Affect Custodial and Visitation Rights in Kentucky? 2024

As an active military member, it can be challenging to navigate family law matters like child custody and visitation. If you are facing a child custody and/or visitation case, you may wonder how development can affect custodial and visitation rights in Kentucky. A military child custody lawyer can help you understand the nuances of this complex situation.

Deployment and Child Custody

Deployment can have significant impacts on child custody and visitation arrangements for military families as it presents unique challenges that require careful consideration. Military parents can face long absences from their children, which can unfortunately impact their relationship with their children, as well as their stability and routine.

Legal protections exist to ensure that military parents are not penalized for their service, and are able to make adjustments that account for their work needs like deployment and relocation. When a parent is deployed, the court may temporarily modify custody agreements and the non-deployed parent may be given primary custody during the deployment.

Visitation Arrangements

Courts may also agree to alternative visitation arrangements like phone calls, video chats, and letters as a way for a deployed parent to stay involved in their child’s life even when they are away from home. The Servicemembers Civil Relief Act (SCRA) offers protection to deployed military personnel for default judgments in legal proceedings like custody cases so that they can request a delay in the case until when they’ve returned from deployment.

While deployment may temporarily impact custody and visitation, courts prioritize the child’s stability and well-being, which may mean keeping the child in their home or school with the non-deployed parent if primary custody is with the military parent. The court’s aim is to minimize the disruption that deployment may have on the child’s life.

Parents are ultimately encouraged to work out custody agreements that account for the possibility of deployment and make necessary adjustments when deployment occurs.

Notifying the Court

It is important for parents who are being deployed to notify the court, especially when this impacts custody or visitation arrangements. The courts will want to know about the adjustment and change the agreements accordingly. It may be required that the military parent provide documentation and details regarding the deployment schedule and check in if there are any adjustments or changes.

When you are on deployment, you may request a temporary modification of custody or visitation if your circumstances shift or there is a new relocation or extended deployment. The courts require this to ensure that your child’s best interests are maintained as your plans shift.

Tips for Maintaining a Relationship With Your Child While Deployed

It can be a challenge to maintain a strong bond with your child while you are deployed, especially as you deal with physical distance, different time zones, and separate schedules that distance you even further. However, staying connected to your child is essential for both the parent and the child’s well-being. There are many ways you can stay connected, including the following:

• Video Calls
• Emails or Letters
• Phone Calls
• Recorded Messages
• Social Media Interaction
• Care Packages

While these suggestions take time and effort, courts generally will encourage military parents to maintain regular communication with their children and pursue alternatives to in-person visitation to preserve the parent-child bond during deployment.

FAQs

Q: How Does Child Custody Work With Active Duty Military?

A: Child custody arrangements that involve active-duty military service members can be complex, as deployments, relocation, and unpredictable schedules are a frequent consideration. Courts aim to ensure that in any child custody arrangement, the child’s best interests are protected, and this is no different when dealing with one or both parents in the military.

The court will create an agreement that takes the parents occupation into consideration and keep it as flexible as it needs to be to account for duty.

Q: When Can You Deny Visitation to a Parent in Kentucky?

A: In Kentucky, the non-custodial parent could be denied visitation for several reasons, like if there is evidence or allegations of child neglect or abuse, if the parent is abusing substances, navigating untreated mental health issues, or if they are in violation of the court-ordered visitation schedule. Visitation can be denied if the child’s safety and well-being are in question, but it is always important to get legal advice and involve the court.

Q: Do I Need Legal Representation for My Child Custody and Visitation Case?

A: You may need legal representation for your child custody and visitation case. While not mandatory, a lawyer can greatly improve your chances of receiving a favorable outcome. If you are facing complex circumstances in your case or are facing a contested case with the other parent, a lawyer can help you navigate these challenges and not only look out for your child’s best interests but also protect your rights as a parent.

Q: Are Custody Laws Different in the Military?

A: Yes, custody laws can be different for military families due to the unique challenges that accompany military service like relocations, deployments, and long absences from home. However, the best interests of the child remain the guiding principle in military custody cases, regardless of the circumstances and demands of the parents’ work.

Q: How Much Is a Child Custody Lawyer in Kentucky?

A: In Kentucky, how much a child custody lawyer may charge is unique to the circumstances of each individual case. A lawyer’s fees may reflect their level of experience, the complexity of the case, the circumstances of the case, the time needed to complete their work, and the specific jurisdiction. You should ask about a lawyer’s fee structure during the initial consultation.

Speak With a Trusted Military Child Custody Attorney Today

When facing child custody and visitation cases as a military member, it is important to partner with a lawyer who understands the nuances of your work and how it can impact your family. Reach out to set up an initial consultation with Michael J. Thompson, Attorney at Law, to get the support you need to seek a favorable result in your case.