Hartley Law Office, LLC

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What is the Uniform Deployed Parent Custody and Visitation Act?

While determining the terms of divorce can be difficult for any family, the unique circumstances that are involved if you are part of a military couple in Ohio can make the situation even more confusing. Short- and long-term deployments, extra duties and other constraints can make it hard for you to create a stable, permanent parenting plan. The National Conference of State Legislatures reports that lawmakers have passed the Uniform Deployed Parent Custody and Visitation Act in an attempt to relieve some of the stress and pressure placed on a military parent.

 

While the state of Ohio previously had laws clarifying some of the issues for military divorce, there were several gaps that still needed to be covered. The act now details what procedures need to be followed if one or both of you want to terminate any temporary custody arrangements. Guidelines are also set forth about what you will need to do if you want to make any negotiations concerning your visiting rights or custody during deployment, but you want to make them outside of the court.

 

If negotiations are taking place while you or your spouse are deployed, the act prevents any permanent arrangements from being determined without the absent parent’s consent. If either of you are facing a pending deployment, court proceedings can also be expedited to be completed before a parent must leave. The court is also prohibited from taking any previous deployments or those that may happen in the future into consideration when determining the best interest of the child.

 

In addition to offering these protections, the act also requires that you and your spouse notify each other of any deployments as soon as possible. This information is intended to educate and should not be taken as legal advice.

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