5 Unique Challenges Military Families Face in Child Custody Disputes

By Columbia Family Law Center
Military Father Hugging His Daughter With An American Flag

Military families face unique circumstances that can make child custody disputes more challenging than they might be for civilian families. Deployments, frequent relocations, and the unpredictable nature of military service create obstacles that require careful planning and legal guidance. 

At Columbia Family Law Center, we’re proud to serve families across Federal Way, Washington; Tacoma, Bellevue, and nearby communities throughout Washington. With decades of experience handling family law matters — from custody disputes to divorce, parenting plans, and military‑family issues — we understand how stressful these situations can be for parents and children alike. 

Understanding how family law applies in these situations is essential to protecting parental rights and prioritizing children's best interests. Our legal team will explore key challenges military families face in custody cases, discuss practical solutions, and offer guidance for handling them effectively.

Frequent Relocations and Deployment

One of the most significant challenges military families encounter is frequent relocation. Military service often requires service members to move across states or even internationally, making it difficult to maintain consistent parenting time. Courts may consider the distance between parents when crafting custody arrangements, which can complicate shared decision-making or visitation schedules.

Deployments further intensify these challenges, as one parent may be physically unavailable for months at a time. During these periods, maintaining strong bonds with children requires proactive planning and creative solutions. 

Courts often recognize the unique circumstances of military families and may grant flexible arrangements to accommodate a parent’s service obligations. Beyond just the physical distance, frequent moves can affect a child’s schooling, social life, and sense of stability. When reviewing custody cases, family law judges weigh the importance of continuity for the child against the realities of military life. 

This balancing act can sometimes result in temporary custody arrangements or adjusted parenting schedules to make sure the child’s routine is as stable as possible.

Legal Protections and the Servicemembers Civil Relief Act (SCRA)

Military service comes with specific legal protections that can impact custody proceedings. The Servicemembers Civil Relief Act (SCRA) is one example. It provides safeguards for active-duty service members, such as protections from default judgments if military obligations prevent timely court appearances. 

While these protections are meant to prevent unfair disadvantages, they also introduce additional considerations in custody disputes.

Family law courts must make sure that the SCRA’s provisions are respected, which can affect scheduling, filings, and hearings. These laws can temporarily delay proceedings or require accommodations for service members, but they don’t remove the court’s focus on the child’s best interests. 

Parents and attorneys must handle these protections carefully, making sure that legal deadlines and procedural requirements are met while advocating effectively for custody rights.

Understanding how the SCRA interacts with state family law is crucial. For instance, courts may grant temporary relief to deployed service members, but they still require careful documentation of parenting involvement to support long-term custody arrangements. Working with an attorney experienced in both military and family law is invaluable in these cases.

Communication and Co-Parenting During Deployment

Effective communication becomes even more critical when one parent is deployed. Military families often rely on technology—video calls, emails, and messaging apps—to maintain strong connections between parents and children. Courts may consider the quality and consistency of these communications when evaluating a parent’s involvement during custody proceedings.

Custody agreements for military families may include provisions for remote visitation or flexible communication schedules. Establishing clear rules for virtual visitation, such as specific times or platforms, helps demonstrate that the deployed parent remains actively engaged in the child’s life. These arrangements also provide children with a sense of stability, a primary concern for courts evaluating custody disputes.

Adapting traditional co-parenting strategies to account for deployments enables children to continue benefiting from both parents’ involvement. Demonstrating proactive efforts to maintain contact can positively influence the court’s view of a parent’s commitment to the child’s welfare. Courts tend to favor parents who prioritize continuity and emotional support, even in challenging circumstances.

Emotional Stress and Adjustment for Children

Deployments, relocations, and the demands of military life can create emotional stress for children. They may experience anxiety about a parent’s safety, difficulties adjusting to new schools or social circles, or frustration with changes in household routines. Courts consider these emotional factors carefully when determining custody arrangements.

Parents may need to provide evidence that they can support their child’s emotional well-being, whether through counseling, structured visitation plans, or consistent communication. Judges often look favorably on parents who take proactive steps to help children manage stress and adjust to military-related changes.

Additionally, the non-deployed parent plays a key role in maintaining stability for the child. By creating a structured environment, keeping routines consistent, and facilitating communication with the deployed parent, families can reduce the emotional burden on children. 

Courts generally appreciate when both parents collaborate to support the child, which can improve outcomes in custody disputes.

Coordinating Custody Across Jurisdictions

Military families frequently face the challenge of coordinating custody arrangements across state or international borders. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction in child custody cases, but military relocations often complicate these proceedings.

Parents may need to face differing state laws and maintain compliance with both local and federal regulations. For families who move frequently due to military orders, maintaining enforceable agreements that account for jurisdictional complexities is essential.

Legal guidance is especially important for creating agreements that reflect the realities of military life while protecting children’s best interests. Experienced family law attorneys can advise on drafting provisions for temporary relocations, deployment schedules, and interstate visitation. 

They can also coordinate with courts in multiple jurisdictions to make sure that custody orders are enforceable wherever the family may be stationed.

Safeguard Your Parental Rights Today

Military families encounter five major challenges in child custody disputes: frequent relocations, deployment obligations, legal protections under the SCRA, emotional stress on children, and coordinating custody across jurisdictions. Understanding these challenges and working with an attorney familiar with family law can help parents protect their rights and prioritize their children's well-being.

At Columbia Family Law Center, we help military families in Federal Way, Washington; Tacoma, Bellevue, and surrounding communities handle custody disputes with care, knowledge, and personalized guidance. Call us today to learn more about how we can help you. If you’re a military parent facing a custody issue, reach out to us today so we can help you create a plan that safeguards your parental rights.

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