Hartley Law Office, LLC

Hartley Law Office, LLC

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Will active military duty hurt me in a child custody case?

You want to protect and provide for your children, but when a divorce occurs in Ohio, it can be quite difficult to maintain the family unit and to provide the comfort and security your children need. When parents go their separate ways, the kids get caught in the middle. This is why custody arrangements are made. They help ensure your children get to maintain a relationship with you and their other parent. When one parent is in the military, though, this can complicate things.

If you are the military service member, you may be worried about your active duty status affecting your child custody case. This is a valid concern. According to the American Bar Association, while being on active duty does not reflect negatively against you or automatically hurt your case for custody, it will have an effect. The court does not hold it against you right away, but it must consider the fact you may be gone or moving often and compare that to the life the other parent can provide. The court's main concern is always for the well-being of the child and what is in his or her best interest.

You have the burden placed upon you to show why you are best suited to have custody of your children. It is up to you to show proof that your military duty requirements will not cause issues with your custody duties. This can make it more difficult to be named the custodial parent who the children will live with the majority of the time.

However, there are perks to being active duty military. You have some nice benefits at your disposal that could be used in your favor in court. For example, living in different states is a great cultural experience children cannot get otherwise and the amazing quality of schools and day care on base are almost uncomparable to civilian options. This information is only intended to educate and should not be interpreted as legal advice.

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