Child custody in a military divorce can be complex. In Oklahoma, as in other states, the primary consideration in custody decisions is the best interest of the child. However, the complexities of military life, such as deployments and relocations, can significantly impact custody arrangements. Understanding how these factors are addressed in Oklahoma can help military families navigate this difficult process.
Best Interest of the Child Standard
First and foremost, Oklahoma courts use the “best interest of the child” standard to determine custody arrangements. This standard considers several factors, including the child’s emotional, physical, and educational needs, as well as the parents’ ability to meet those needs. The court evaluates each parent’s relationship with the child, the child’s wishes (if they are of sufficient age and maturity), and any history of abuse or neglect.
Impact of Military Service on Custody In a Military Divorce
Military service can complicate custody decisions due to the potential for frequent relocations and deployments. However, Oklahoma courts strive to ensure that the service member’s military status does not unfairly disadvantage them in custody determinations. The court will consider the stability of each parent’s home environment and how military obligations might affect the child’s well-being.
Deployment is a significant factor in military custody cases. Oklahoma law allows for modifications to custody arrangements to accommodate a parent’s deployment. For instance, if a custodial parent is deployed, they may temporarily transfer custody to a family member or the non-deployed parent. The court aims to maintain continuity in the child’s life and minimize disruptions caused by deployment.
After deployment, you may need to readjust your custody arrangements. Oklahoma law supports the reinstatement of previous custody orders once the deployed parent returns, provided it is in the best interest of the child. Courts will evaluate the child’s adjustment to the temporary custody arrangement and the returning parent’s ability to resume their parental role.
Temporary Custody Orders
During a military divorce, courts often issue temporary custody orders to provide stability for the child while the divorce proceedings are ongoing. These orders can be particularly important if one parent is going through deployment or relocation during the process. Temporary orders address where the child will live, visitation schedules, and other immediate concerns.
Additionally, in a military divorce, creating a comprehensive parenting plan is essential. This plan outlines custody and visitation schedules, taking into account the potential for deployments and relocations.
Legal Protections for Military Parents
Federal laws, such as the Servicemembers Civil Relief Act (SCRA), provide additional protections for military parents. The SCRA can delay custody proceedings during active duty to ensure that service members can fully participate in their defense. This protection helps prevent default judgments and ensures that military parents have a fair opportunity to present their case.
Tulsa Military Divorce and Custody Attorneys
In conclusion, determining custody in a military divorce in Oklahoma involves careful consideration of the child’s best interests, the impact of military service, and the unique challenges posed by deployments and relocations. By creating a comprehensive parenting plan and seeking experienced legal assistance, military families can work towards custody arrangements that best support the child’s well-being amidst the demands of military service. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.