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Child custody cases are rarely simple, and when one parent is a service member, the process involves unique challenges. Courts must balance the best interests of the child with the realities of military life—deployments, relocations, and duty schedules. At The Griffin Law Firm, we understand what’s at stake for military parents and how to build strong custody cases tailored to your service obligations.
Understanding the Court’s Primary Concern
First and foremost, family courts prioritize the best interests of the child. This includes the child’s emotional well-being, stability, and relationship with both parents. While military status alone won’t prevent a parent from gaining custody, courts will assess how military duties could affect parenting responsibilities.
If a service member is deployed or subject to frequent relocations, courts may have concerns about consistency and accessibility. However, with the right legal strategy, active-duty parents can still secure meaningful custody arrangements that reflect their involvement and commitment to their children.
How Military Service Is Considered
Courts take several military-specific factors into account when evaluating custody cases:
Deployment Schedules: Judges assess whether deployments interfere with day-to-day parenting. However, service members can offer solutions—such as temporary guardianship plans or virtual visitation—to address these challenges.
Relocation and PCS Orders: Permanent change of station (PCS) moves may affect long-term custody plans. Courts want to ensure that these changes won’t disrupt the child’s education, healthcare, and social environment.
Parenting Plans: Service members can strengthen their custody case by presenting a realistic parenting plan that accommodates their duties while preserving the child’s routine.
The Importance of a Family Care Plan
Military parents are required to have a Family Care Plan—a document that outlines who will care for the child during deployments or emergencies. Courts often view this plan as a sign of preparedness and responsibility. It demonstrates the service member’s commitment to their child’s welfare, even while on active duty.
Custody Modifications During Deployment
If a parent is deployed, courts typically allow temporary custody modifications rather than permanent changes. In some states, including Virginia, laws protect deployed parents from losing custody simply because they are fulfilling military obligations. Once the deployment ends, original custody orders can usually be reinstated.
Why Military Parents Need the Right Attorney
Navigating custody issues as a service member requires an attorney who understands both family law and the unique demands of military life. At The Griffin Law Firm, we bring over 20 years of combined military and legal experience to every case. We don’t just know the law—we’ve lived the lifestyle. Whether you're active duty, in the reserves, or a veteran, we're here to protect your rights and your role as a parent.
Ready to defend your custody rights? Contact us today at (888) 707-4282.