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What happens with custody if both parents are in the military?

When you and your spouse are in the military, it can be hard to know what to do about child custody during your divorce. You both face deployment, and that can strain your relationships. Custody rules are complicated in these kinds of situations, but one main factor is the same: The decisions that are made need to benefit your child.

When you create your custody plan, you need to account for the potential to be moved to another state, to be deployed or to move to an overseas military base. If you take custody, for example, while you and your spouse live in the same state but then have to go out of the country, what will happen to your child?

Do you want him or her to stay in the country, even if you're not the primary custodian any longer? Do you want your child to travel with you, and if so, how can that situation be made fair for the parent who is left behind? You must include information in your custody plan about what you'll do if that happens, because if you don't, you could violate your custody agreement or child relocation laws.

If you are both in the military, there is a chance you could both be deployed. To avoid a problem with child care during that time, create a family care plan. This needs to detail who will be a short-term or long-term caregiver if you're deployed. Care details should also be included to let the person caring for your child know about his or her medical needs, schooling needs and other important information.

Source: FindLaw, "Military Child Custody: Key Legal Issues," accessed Oct. 05, 2017

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