When a divorce involves children, emotions run high. For military families, those emotions are compounded by deployments, relocations, and the uncertainty of service life. Many parents come to us at Apol Law LLC with heartfelt questions about how military service might affect a divorce and child custody case.
Yes, military service can affect your custody case. However, military service does not automatically put a serving spouse at a disadvantage. State and federal laws balance service obligations with each parent’s right to maintain a strong and loving relationship with their child.
With over a decade of experience, Apol Law LLC can guide you through your child custody rights and obligations under state and federal law. We can also help you take advantage of the available legal protections.
Understanding Child Custody in Maryland
Before looking at military-specific issues, it helps to understand how Maryland courts generally approach custody. The guiding principle under Maryland law is the best interests of the child.
There are two main types of custody:
- Legal custody—the decision-making authority over the child’s education, health care, and general welfare; and
- Physical custody—where the child lives and how much time each parent spends with them.
Depending on the circumstances, a parent might receive sole, joint, or shared custody. When determining what is in the child’s best interest, a Court might consider factors such as:
- Each parent’s ability to provide a stable home,
- The child’s relationship with each parent,
- Each parent’s ability to help the child maintain family relationships,
- Any history of abuse or neglect,
- Each party’s reputation and character,
- The child’s preference (if the child is mature enough), and
- The health and capabilities of everyone involved.
Courts apply this standard to all divorces involving custody, regardless of whether the parents are serving in the military. The Court’s goal remains to protect the child’s well-being, not penalize military service.
How Does Custody Work If One Parent Is in the Military?
Military life is unpredictable. Deployments can arise suddenly, and permanent change of station (PCS) orders may require relocation across the country or overseas. These realities make traditional custody arrangements more complex, but thankfully, Maryland law accounts for that.
Deployment and Custody
Under Maryland Family Law, military child custody orders generally must accommodate deployed parents by including provisions for maintaining contact between the child and the deployed parent. State law also requires courts to expedite hearings for parents who return from deployment and petition for custody within 30 days (or as soon as they possibly can under extenuating circumstances).
This means that many of your custody rights are protected while you serve. These provisions also help ensure that your service to the nation does not become a reason to lose precious time with your child.
Relocation and Custody
Relocation can be one of the toughest challenges in a divorce in the military with a child. Whether it’s due to PCS orders or a new assignment, moving can affect both parents’ time with the child.
A parent who plans to relocate with their child in a way that makes the other parent’s physical custody impracticable must ask the court for a custody order modification. The court then evaluates how the move may affect the child’s best interests and decides whether the parent can move with the child.
Relocations can be choppy waters to navigate for military families. However, the help of a skilled divorce and child custody attorney can help ensure that your rights are protected and your child’s needs are met. Our lead attorney at Apol Law LLC has over 10 years of experience and is well-respected in the legal community.
Federal Rules for Divorce in the Military with a Child
One way to avoid uncertainty and anxiety over what might happen to your custody arrangement is to develop a good family care plan. In fact, a military member must create a family care plan with their child’s other parent and keep it up to date. A thorough plan can help you make arrangements with the other parent for a potential deployment or relocation before it becomes a reality. These plans can also minimize the need for court intervention.
Federal Protections for Divorce and Child Custody Cases
Federal law offers necessary safeguards through the Servicemembers Civil Relief Act (SCRA). The SCRA allows courts to delay or stay certain proceedings when a parent’s military duties prevent them from appearing in court.
This protection helps ensure that no service member loses custody rights simply because they are deployed or stationed far away. It reflects a simple truth: Military parents should not be punished for fulfilling their duty.
Options for Parents During an Emergency
So, how does custody work if one parent is in the military and unable to attend court when the other parent has a childcare emergency? The parent with the emergency may be able to request a temporary order from the court. The requesting parent must prove that there is an imminent risk of substantial and immediate harm to them or their child under existing orders. In general, the parent requesting the change cannot receive a permanent modification to the custody order until the military parent has the opportunity to attend a hearing and present their arguments.
Apol Law LLC Supports Military Families
At Apol Law LLC, we believe that legal guidance should be both strategic and compassionate. Our team is highly experienced and deeply committed to helping military families navigate the rocky terrain of divorce and child custody with confidence and dignity.
We understand the sacrifices service members and their families make. And we honor military families by protecting their parental rights with the same dedication they give to their country. Our core values of integrity, empathy, and advocacy guide every step of our process. If you need help with a military child custody matter, call or contact us online today to schedule a confidential consultation. Let our knowledgeable team help set you up for success and alleviate the stress of divorce and child custody.