Two Baby Lions

I Am Deploying. Can My Ex Use That To Get Custody Of Our Kids?

Serving Your Country Shouldn’t Mean Losing Your Kids

A deployment or unaccompanied overseas tour for service members in the Army, Navy, Air Force, Marine Corps, Coast Guard or National Guard presents unique stresses that many nonmilitary people do not understand. But for a custodial parent who is deploying, finding a home for the children while he or she is unable to care for them because of the demands of the military can be heart-wrenching.

North Carolina Protections For Custodial Parents In The Military

While a military parent is deployed, a temporary custody order can allow the noncustodial parent to have custody over the children during the military deployment. The order must be temporary and must expire within 10 days of the military parent’s return. There is also an expedited hearing process for deploying service members so that custody issues can be settled prior to when he or she leaves for an overseas tour.

North Carolina state law expressly prohibits a judge from considering a parent’s military career and the potential for deployment as well as a history of past deployments as evidence against the military parent being awarded custody or in favor of the ex-spouse or noncustodial parent seeking a modification of custody beyond the service member’s deployment.

We’ll Fight To Protect What’s Yours

If you have additional questions regarding custody during a military deployment, our experienced military family lawyers are happy to meet with you. Contact us today to schedule a consultation.

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