Military Child Custody Lawyers In Virginia

As a military parent, navigating child custody issues can be challenging, especially when divorce or separation is involved. At Bristle Schulze, our experienced military divorce and child custody attorneys are dedicated to helping you understand your rights and options under Virginia law. Our goal is to ensure that your children’s best interests are protected, while also respecting your military service and unique circumstances.

Understanding Virginia Custody Laws

In Virginia, child custody is determined by the principles of custody and visitation. The courts work with parents to establish a parenting plan that outlines:

1. Physical custody: Who will have primary residence and care of the children?
2. Legal custody: Who will make important decisions about the children’s education, healthcare, and welfare?
3. Visitation: What schedule will be used for the non-custodial parent to spend time with the children?

The Impact of Military Moves on Child Custody

Military families are often accustomed to frequent moves, but divorce can complicate this dynamic. If you’re a military parent considering a move, it’s essential to understand how this may affect your child custody arrangement. Moving out of state can:

1. Disrupt the existing custody agreement
2. Impair the non-custodial parent’s ability to exercise visitation rights

To mitigate these risks, it’s crucial to address potential moves in your parenting plan, including:

1. Agreements for living both nearby and far apart
2. Contingencies for foreign deployment
3. Compromises for events or holidays

Planning Ahead: Including Mobility in Your Parenting Plan

Before or during divorce, military families can benefit from discussing potential moves and including specifics in their parenting plan. This may involve:

1. Establishing a plan for communication and cooperation during moves
2. Defining procedures for modifying the custody arrangement if a move occurs
3. Identifying potential caregivers or support systems for the children during deployment

Modifying Child Custody Arrangements After Divorce

If unforeseen changes in circumstances require a modification of the divorce agreement, the courts may allow a review to serve the best interests of the children. Modifications require parents to file petitions with the court, which can be less contentious than divorce proceedings but still involve potential disagreement. Proactive planning and cooperation can help minimize conflict and ensure the children’s needs are met.

The Role of Military Deployment in Child Custody Cases

Military deployments create significant challenges in child custody matters. Virginia law provides certain protections through the Servicemembers Civil Relief Act (SCRA), but proactive planning is essential. Our attorneys can help establish:

1. Temporary custody arrangements that maintain the service member’s parental rights
2. Virtual visitation schedules to maintain parent-child bonds during deployment
3. Family member visitation rights during absence

We work with military parents to create Family Care Plans that address custody contingencies while advocating for arrangements that serve the children’s best interests without penalizing military service.

Get Help with Military Child Custody in Virginia

If you have questions or concerns about military child custody, our experienced attorneys at Bristle Schulze are here to help. Contact our office in Manassas to schedule a consultation and learn how we can support you through complex child custody proceedings in Virginia. We understand the state and federal laws that affect child custody decisions and are dedicated to protecting your rights and your children’s best interests.