For most parents in Rochester, NY, ensuring their child’s well-being is their primary goal. They work to provide a safe home, ensure that their educational needs are met, and spend quality time with them. When parents split up, either because of a divorce or because their romantic relationship ends, it can be difficult to maintain a solid relationship with their child.
A parent in the military may face additional challenges when creating their child custody agreement. Their job may require them to move frequently if they are assigned to a new base, will be gone for days at a time for training, or leave the country for months on deployment. For military parents, creating an equitable child custody arrangement that meets their child’s needs is imperative. The skilled child custody attorney at Trotto Law Firm, P.C., is ready to help.
Active military members and their loved ones live a unique lifestyle. They often have to relocate on very short notice when an active-duty soldier is reassigned. A family member may be gone for months at a time if they are deployed. Often, an active-duty parent may have to miss major family events. This can have a negative impact on the creation of a child custody agreement, particularly if the excessive absence keeps them from having a meaningful relationship with their child.
If a military parent has to move because they have been assigned to a different base, then any custody agreement that they have in place will have to be amended. This can pose challenges because child custody agreements are most often established at the state level rather than by the federal government. Modifying a child custody order can take time, particularly if the other parent challenges the modification or believes that moving would not serve the child.
If it can be proven that relocating with a parent who is in the military is not in the child’s interest, either because of the emotional stress it could cause or because it would take them away from other family, then a judge may refuse the order. Without a modified custody order in place, a parent who is in the military may not be able to see their child on a consistent basis, especially if they have to move several states away. This can hinder their relationship with their child and potentially have a negative impact on future negotiations for child custody agreements.
In some circumstances, the interest of a child is served when their military parent has full custody. This means that they live with this parent full time, the parent makes all major decisions about things like education and medical care, and they could receive monetary support from the other parent. When this is the case, the parent will have to create a family care plan with their commanding officer.
This plan is specifically for single or unmarried parents who are active military service members. The parent will create a plan for who will care for their child short-term if they have to be gone for a short training assignment, long-term in the case of deployments, and how the care of the child should be handled while the parent is absent.
For many parents who are active military members, these plans are a way to ensure that their child is cared for without the hassle and stress of a court order. A family care plan cannot be upheld in court if it conflicts with any other orders that are in place. For example, if the non-custodial parent who is not in the military has visitation rights by a court order, a family care plan cannot keep them from seeing their child.
The state of New York does not charge to file a custody petition. This means that, when you have reached a point that you are ready to begin the process of trying to get custody, there is no fee required to file the paperwork. In most cases, the only money you will have to pay is any fees required by the family law attorney you are working with.
There are many things that make a child custody agreement functional, and New York State has laws in place to dictate how custody is established. In most circumstances, parents are able to determine the custody and visitation schedule on their own. If they cannot agree, potentially because they have differing ideas about what is ideal for their child, a judge may step in and establish a custody arrangement instead.
There are two types of custody to consider when a child custody agreement is being put in place. First, legal custody gives a parent the right to make major decisions about their child, such as how to proceed if the child needs medical attention. Physical custody refers to how much time a parent spends caring for their child. A father may win full custody, physical and legal, if it can be proven that any other placement is unsafe or not in the child’s interest.
New York does not place an age restriction on when a child can have a say in their custody arrangements. Any child who is the subject of a custody agreement can make a case for which parent they want to spend the most time with. A judge may put more weight on the child’s opinion if the child is older and can articulate their reasoning more clearly.
Creating a custody agreement that is equitable, ensures that all of a child’s needs are met, and is solidly in the interest of the child can be challenging. When one parent is in the military, it can add additional problems, including figuring out how custody will be handled if the parent has to be deployed. An attorney with extensive experience in family law, particularly working with military personnel, can make the process easier. The team at Trotto Law Firm, P.C., can work with you to create the most equitable, effective military child custody arrangement. Contact our office today to get started.
Contact us today using our consultation form below: