October 26, 2009 By Paul Wallin

An article on the website insider.com details the very unique plight of soldiers who are deployed overseas and are forced to go through divorces and child support cases. All too often, spouses who are left behind while their husbands (or wives) are deployed overseas become unhappy with their situation. Having to live alone while being separated from their mates, enduring the responsibility involved in child care, and being without the romantic and intimate aspects that marriage are supposed to afford can all lead a spouse to seek divorce. Often when they do, they also fight for custody of their children.

According to army regulations, emergency leave due to problems at home, including threat of divorce or child custody problems is allowable, but completely at the discretion of the commanding officer. More often than not, commanding officers are unlikely to allow a solider to return home to deal with these issues, especially when the soldier is deployed in the field halfway across the globe. This puts soldiers in very difficult situations at a time when their complete focus and attention are needed on the tasks in front of them.

Many states have responded by passing laws forbidding certain custody decisions to be made while a soldier is deployed on active duty. Virginia, for example, prevents any permanent change in custody while a spouse is deployed. While 20 states have passed laws to limit the impact of deployment on custody decisions, there is no national plan that protects the custody rights of soldiers.

Child custody cases can be a very contentious aspect of any divorce (or separation of non-married parents) involving minor children. California law places the best interests of the child above all other considerations — including parents’ rights — in a custody case. Variables involved when a soldier is one of the parties in a child custody case need to be taken into account in any court ordered arrangement. A qualified child custody attorney in California will make sure that the best interests of their clients are always protected, especially when that individual is serving our country overseas.

If you find yourself in a child custody situation of any type, the experienced California family law attorneys at Wallin & Klarich can help. Contact us today for a consultation of your situation at 1-888-749-7428.


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