Child Custody and Parenting Plans in Military Families
Child custody issues in military divorces can be more complicated due to the realities of active-duty life. Deployments and frequent moves are both factors that will be considered during custody arrangements and disputes.
According to California Family Code Section 3011, family courts must use the “best interests of the child” standard. However, judges may also consider the unique demands of military service. As a result, the parenting plan in a military divorce may include provisions that address future relocations, temporary duty assignments, and long-term deployments.
Service members may need temporary custody arrangements during deployments, with visitation resuming once they return home. Courts may also allow “virtual visitation” to help maintain the parent-child bond through video calls, email, or messaging while the service member is away.
A well-crafted parenting plan should anticipate these challenges and avoid conflict by providing clear instructions for both parents. Our Carlsbad and Oceanside military divorce attorneys can negotiate a custody agreement that supports the child’s best interests while respecting the service member’s duty obligations.
Modifying Orders After a Military Divorce
Even after a divorce is finalized, military families often experience significant life changes that may require returning to court to modify existing custody, support, or property-related orders.
Changes in Custody and Parenting Time
Relocation, deployment, or reassignment often requires revisiting custody and parenting time orders. According to California Family Code Section 3047, a service member’s deployment cannot be used as the sole basis for permanently changing custody, but temporary modifications may be appropriate. Courts typically look at the timing, location, and expected duration of a deployment when deciding whether to modify existing orders.
When the service member returns from deployment, California Family Code guidelines favor restoring the prior custody arrangement, unless the court finds that doing so would not be in the child’s best interests.
Relocation and Move-Away Requests
PCS (Permanent Change of Station) orders frequently raise questions about child custody. A service member may need to move across the country or overseas, and a former spouse may also want to relocate for employment or family support. California courts consider several factors in move-away cases, such as the child’s stability, the distance of the relocation, and the feasibility of ongoing contact with the other parent.
Courts may allow for modifications to custody arrangements to accommodate these issues, but any custodial parent requesting relocation must still demonstrate that the move serves the child’s best interest.
Modifying Child Support Based on Changes in Pay and Allowances
A service member’s income can fluctuate due to promotions, deployment pay, hazardous duty pay, loss of Basic Allowance for Housing (BAH) or Basic Allowance for Subsistence (BAS), or a change in marital status. These changes may justify a modification of child support, but calculating support in military cases is more complicated because allowances like BAH are non-taxable income and must be included in support calculations.
Common circumstances that may justify modification include:
- Deployment resulting in combat pay or temporarily increased income
- Returning from deployment and losing certain allowances
- Promotion or change in pay grade
- Transfer to a location with a different BAH rate
- Changes in out-of-pocket medical or childcare costs
Support modifications require financial documentation, information on current entitlements, and sometimes verification from a commanding officer. A California military divorce lawyer familiar with military compensation can help ensure that support orders are calculated accurately and fairly.
Family Support and Changes After Service-Related Disability
If a military member later becomes disabled or receives VA disability compensation, those changes may affect their ability to pay spousal and child support. Although VA disability benefits cannot be divided as marital property, they can still be considered income when determining support obligations in California.
A modification may be appropriate if:
- The service member suffers a service-related injury
- The member receives a disability rating increase
- The member medically retired and loses traditional retirement pay
- The former spouse experiences a significant change in financial circumstances.
These cases are often more complex because federal law restricts how courts may treat VA disability benefits.
Adjusting Orders When a Service Member Retires
Retirement can dramatically change a service member’s financial picture, especially when they transition from active duty to retirement pay, VA disability compensation, or civilian employment. Retirement may affect:
- Child support calculations
- Spousal support
- Payments of pension divisions ordered in the original divorce
- Survivor Benefit Plan (SBP) elections or coverage
If the original divorce decree included a division of military retired pay, DFAS may need updated information to ensure accurate payments. In some cases, the court may need to clarify or amend the language of the original order before DFAS can process a change.
The Importance of Legal Guidance After a Military Divorce
Post-judgment matters in military divorces require a precise understanding of both state family law and military-specific rules that may continue to impact the family long after a divorce is finalized. With frequent relocations, changes in pay, and unpredictable deployments, military families are more likely than civilians to need ongoing legal support.
A lawyer experienced in military divorce can help ensure that:
- Custody orders remain realistic and enforceable
- Support calculations properly reflect military income
- Retirement and VA-related changes are handled correctly
- Modifications follow both state and federal legal requirements
