Can you have primary custody while in the military?

Posted by Zachary A. VanDykeOct 08, 20210 Comments

When you're in the military, you have times when you're extremely busy and times when you are home more regularly. You may be deployed at short notice, or you could have time to plan.

The day-to-day changes in your career are exciting, but they can also cause problems when you're trying to stick to a custody plan after a divorce. In cases where you want to fight for primary or sole custody, being in the military may feel like a setback.

There is no reason why service members should not be able to seek the custody arrangements they want. However, if you plan to seek primary or sole custody, you need to make sure you plan how to care for your child if you have to be absent.

Seeking primary custody in the military

If you want to seek primary custody in the military, you must take steps to show that you can be present and have backup support if you have to be away. For example, if you are deployed, who will watch your child? Do you have babysitters, an in-home nanny or family who would be able to provide care for your child? Would custody revert back to the other parent while you're away?

Your priority should be to show that you have thought about what would be in your child's best interests. If you see sole or primary custody as being in their best interests, you need to establish that with the court regardless of your military service.