Colorado Springs Military Child Custody Lawyer

Colorado Springs Military Child Custody Attorney

Dealing with a child custody battle during or after a divorce or separation can be painfully personal. It can be a challenging obstacle to overcome, as both parents often want as much time with their children as possible. For military parents, there are additional challenges that must be addressed during a custody battle. If you are an active or retired service member seeking a child custody agreement, contact a Colorado Springs military child custody lawyer.

Child Custody for Military Parents

The end result of a child custody agreement should be to do whatever suits the well-being of the child in question. Regardless of military involvement, this should be the ultimate goal of every child custody battle. It is the top concern of the Colorado courts, as they will make every effort to work in the interest of the child if the issue goes to court.

Active deployment and changes of station could potentially represent an uneven home environment for a child, and some military parents may be concerned that it could impact their chances of receiving custody of their child. They may feel they will not be considered the primary caregiver. This is not necessarily the case.

Factors That Impact Child Custody

There are active laws in place that protect military parents from being denied their parental rights during a divorce, such as the Uniform Deployed Parents Custody & Visitation Act (UDPCVA). The unpredictability of an active service member’s life can make full custody a difficult thing to fight for, especially when the court actively pursues the well-being of the child as its top priority.

This is in accordance with Colorado Revised Statute 14-10-124, which lists out everything that the Colorado court considers when deciding on the custody status of a child:

• The parents’ wishes regarding who deserves more parenting time.
• The child’s desire regarding which parent they would rather live with if the child is mature enough to make an informed decision.
• Any interactions with other family members that will impact the child’s home life, such as siblings or grandparents.
• The child’s sudden adjustment to a new, unfamiliar living situation.
• Any mental or physical health concerns of all parties involved. A present disability will not restrict parenting time.
• The ability and willingness of one parent to foster their child’s love and support of the other parent.
• Consideration of both parents’ past involvement with their child and their commitment to being a parent.
• The physical closeness of both parents and whether there has been an impact on parenting time as a result of that closeness.
• Any history of child abuse and/or neglect from either parent. There will need to be evidence presented to back up any claims.
• Any history of domestic violence from either parent. This will need to be demonstrated by evidence.
• The ability of both parents to put the child’s needs above their own.

An experienced military divorce lawyer will be able to walk you through the process of fighting for custody. They can also help you prepare any documentation you need to present in a timely manner to the court. If the child custody dispute goes to court, a judge can rule on a specific custody plan that benefits both parents and the child in the event that only one spouse is in the military.

FAQs

Q: How Does Co-Parenting Work in the Military?

A: Co-parenting is fairly straightforward in the military. Generally, when one parent is an active service member and the other one is a civilian, the civilian parent is given primary custody while the service member parent is deployed. If custody is shared jointly, the custody agreement is paused during the duration of the service member’s deployment. The child will stay with the civilian parent in the meantime. Bringing the child along on a deployment is often impossible and can even be dangerous.

Q: What States Have Military Custody Protection?

A: Nearly every state in the nation has military custody protection. Ten states, including Colorado, have implemented the Uniform Deployed Parents Custody & Visitation Act (UDPCVA), with many other states adopting similar legislation that protects military parents’ rights in a custody battle. It is the desire of most state courts to help active service members preserve their rights as parents in custody battles.

Q: What Happens to Single Parents in the Military?

A: Single parents in the military are protected so long as they meet the family care requirements established by the Department of Defense. The military no longer allows single parents to enlist without a family care plan in place, but sometimes, service members become single parents during their term of service, whether it be due to divorce or death. Family care plans have three basic requirements: short-term care providers, long-term care providers, and care provision details.

Q: Who Is the Primary Custodial Parent in Colorado?

A: The primary custodial parent in Colorado Springs and throughout Colorado is the parent who spends the majority of time with the child in question. The court deems them the primarily responsible party. If both parents are sharing joint custody and spend an equal amount of time with the child, then the court considers them jointly responsible for the child’s welfare. Even in that case, one parent may still be designated the custodial parent when deemed necessary.

Talk to a Military Child Custody Lawyer Today

Enduring a child custody battle could be one of the most arduous, painful experiences of your life. It is hard not to take certain accusations or arguments personally, but you should attempt to maintain your composure to ensure your parental rights are kept intact in the long run. Hiring an experienced child custody lawyer can help you maintain your focus throughout the process.

The added complexity of the military in a custody battle has the potential to make things difficult. However, the end goal is to make sure your child is taken care of and has the involvement of everyone who loves them and can care for them.

If you are an active service member seeking primary or joint custody of your child, The Law Center P.C. is prepared to help you build your case for custody and walk you through your options, whatever they may be. Contact us to schedule a consultation with a skilled attorney.