California divorce with a military family care plan

California divorce with a military family care plan

There are many U.S. military servicemembers in California, especially at Camp Pendleton near San Diego, which is one of the largest marine corps bases in the country. Married couples with one or both spouses serving in the military often have unique challenges in their relationships. Some may decide to file for a divorce, in which case the military family care plan may be helpful, particularly regarding child custody issues.

The military family care plan typically contains a list of instructions pertaining to childcare when a military parent is deployed on active duty away from home. If the parent in question is going through a divorce, details regarding child custody may be incorporated into the family care plan. For instance, if the military parent is the custodial parent, another person may be designated to fulfill this role while the parent is serving a deployment, even if that person is someone other than the noncustodial parent.

Child custody litigation must be put on hold during deployment

If the family care plan is incorporated into the child custody agreement that is incorporated into a former couple’s divorce, both parents must adhere to the terms. If a parent is deployed, the other parent may not request a modification of the child custody order or change the family care plan at that time. Service members are protected against litigation when they are unable to appear in court in person.

Additional issues that may be addressed in a family care plan

Besides providing who should have custody of children during a custodial parent’s military deployment, additional issues may be addressed in a family care plan as well. Many California parents find it helpful to list medical information, as well as the location of important documents and instructions on how to access military installation services and treatment facilities. A family law attorney who is well-versed in military divorce issues can provide guidance and support if a legal problem arises.