Custody In Military Divorce In California

Custody and visitation arrangements in military divorce cases in California can be particularly complex due to the unique challenges faced by military families, such as frequent relocations and deployments.

The primary consideration in military child custody decisions is the best interests of the child. Factors include the child’s age, health, emotional ties to each parent, the parent’s ability to care for the child, and any history of family violence or substance abuse. The court also considers the impact of the military parent’s service on their ability to provide a stable environment for the child.

Military parents are required to have a Family Care Plan, which outlines who will care for their children during deployments or other absences. This plan must be current and often outlines custody and visitation arrangements. The attorneys at Contreras Law Firm can help you find answers to your child custody and visitation concerns involving parents in the military.

There are two types of custody:

Legal custody: Joint legal custody means both parents share the responsibility and authority to make important decisions about their child’s upbringing, including education, health care and religious instruction. This arrangement allows both parents to be involved in significant aspects of their child’s life, regardless of the military parent’s deployment or relocation.

Physical custody: Physical custody refers to circumstances where the child lives and their day-to-day care. In cases where one parent has primary physical custody, the child primarily resides with that parent, while the other parent has visitation rights. This arrangement can be particularly beneficial for military families, as it provides stability for the child while allowing the military parent to maintain a meaningful relationship through visitation.

Parents will often maintain shared legal custody even if children primarily reside with a nonmilitary spouse or another family member if both parents serve.

California Family Code Section 3047

California has specific legal protections for military parents under Family Code Section 3047. This addresses the unique challenges military parents face, such as deployments and relocations. The key provisions include:

• Temporary orders: Any modification of custody orders to accommodate a parent’s deployment or mobilization is deemed a “temporary order without prejudice.” This means the changes are not permanent and are intended to address the military parent’s temporary absence.
• Reversion to pre-deployment orders: Upon the military parent’s return from deployment, there is a presumption that the custody order will revert to the arrangement in place before the deployment unless the court determines that it is not in the child’s best interest.
• Frequent and continuing contact: The court must consider orders to ensure that the relocating parent can maintain frequent and continuing contact with the child during deployment.

To discuss the specific details of this law, contact the military child custody lawyers at the Contreras Law Firm.

Visitation Rights Can Be Flexible

Given the unpredictable nature of military service, visitation schedules must be flexible. Courts often create detailed visitation plans accommodating the military parent’s deployment and training schedules. Similar to parenting plans in that they mandate the child’s time with parents, visitation plans outline provisions for visitation, including virtual visitation (e.g., video calls) when the military parent is deployed.

California courts may also order make-up visitation to compensate for time missed due to military obligations. This ensures the military parent maintains a meaningful relationship with the child despite service-related absences.

Relocation and custody modifications

Frequent relocations are a common challenge for military families. If a military parent needs to relocate due to a change in duty station, they must seek court approval to modify the custody arrangement. The court will consider how the move will affect the child’s well-being and whether it is in their best interests.

Schedule Your Free Consultation

It is necessary to have an attorney experienced with military custody matters when discussing your concerns. Our team is ready to help. Contact Contreras Law Firm today by calling 619-908-1495 or emailing us to schedule your free consultation.