Military members have a unique challenge when it comes to child custody. The challenges that come with visitation, living arrangements and scheduling can be complicated for any civilian family. Factoring in deployments, training and the moves that many military members encounter makes the already complicated into extremely complex. All too often, the Servicemember and his or her former significant other reside in different states.

The first step a military member needs to do when facing a child custody battle is to seek legal advice. It is imperative that there is legal guidance available in the state that the child currently resides. Having a lawyer that can attend court and be hands on is extremely valuable. The Legal Assistance Office provides help with family law and should be the very first stop a Servicemember makes when facing child custody matters.  The Legal Assistance and Claims office can be found on Joint Base Lewis-McChord in building 2027A on the first floor.  The phone number is (253) 967-0587 or (253) 966-7526.

One of the reasons having legal representation is so important is the issue of jurisdiction. For instance, if a Servicemember is stationed outside of the continental United States (OCONUS) and the spouse takes the children back to the States, or if a deployed Servicemember is threatened with custody issues, or if the spouses live in two different states but the divorce was in a third, who has jurisdiction? There are federal laws that address the jurisdiction issues, such as the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) / Uniform Child Custody Jurisdiction Act (UCCJA), Parental Kidnapping Prevention Act (PKPA) and the Servicemembers Civil Relief Act (SCRA). These laws can be extremely confusing to a layman, but a Judge Advocate General (JAG) or legal assistance representative can help decipher the legalities.

It is recommended that all military members with children have an Emergency Family Plan or Family Care Plan. This plan would allocate custody or supervision of children to a family member or close friend if the military member is unavailable. In times such as deployments, field training exercises and temporary duty, having a Family Care Plan is essential to keep the child(ren) involved and connected to the Servicemember.

The Servicemembers Civil Relief Act of 2003 (SCRA), which replaced the Soldiers and Sailors Civil Relief Act, offers many protections for military personnel and is something all Servicemembers should be familiar with. Part of the act ensures that the Servicemember may not have a default judged against him or her without an appointed attorney.  In January 2008, Congress passed the 2008 National Defense Authorization Act, which emphasizes that custody is included in the cases covered by Section 521 and those  involving an initial stay request (for at least 90 days).

The bottom line is when a Servicemember faces a child custody hearing, the first thing he or she should do is seek legal advice from the local military installation, contact a legal representative where the child resides, and know the laws that were put into place to specifically protect those serving their nation.