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Will my military service be held against me concerning child custody?

On Behalf of | Apr 16, 2021 | Child Custody

Going through divorce with children involved is stressful enough, but if you are also serving in the active duty military you likely have additional problems on your mind. This may particularly weigh heavy on you when you are thinking about child custody issues.

The good news is that, just like there is now no legal preference for mothers holding child custody, the courts will not hold active military service against you. However, as per the American Bar Association, it is important for you to think about the burdens that military service will place on your custodial role.

The burdens of fatherhood

Being a parent of any stripe comes with its fair share of burdens and stressors, but if you are actively in the US military you have a few additional matters to worry yourself with. Namely, you will need to prove to the courts that your military duties will not interfere overmuch with your ability to be a competent custodian for your children. It is likely that the courts will be very interested to hear how you will manage being a full-time parent in addition to a full-time soldier.

The benefits of military service

However, being an active duty military member does have multiple advantages for your children. For example, it is likely that any base that you have access to will come with high-quality schools, recreational facilities and various youth activities. Additionally, the amount of travel that you will be able to expose your children to will be very enriching, particularly if you have the ability to take them overseas.

All of this is to say that military service will not make or break your custody situation. Much depends on your current relationship with your children and lifestyle.

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