Military parents face unique challenges in child custody cases, especially during deployment. Oklahoma law provides several protections to ensure that deployment does not unfairly impact a military parent’s custody rights.
Understanding these protections is necessary for military families navigating custody issues.
The Servicemembers Civil Relief Act (SCRA)
The SCRA offers broad protections for military members, including in child custody cases. This federal law allows military parents to request a stay, or temporary delay, of court proceedings if their deployment prevents them from participating. This ensures that custody decisions are not made without their input and presence.
Oklahoma state laws
Oklahoma has specific statutes to protect the custody rights of deployed military parents. The state prohibits courts from using a parent’s deployment as the sole factor in deciding custody. This means that a judge cannot change custody arrangements simply because of a parent’s deployment. Courts must consider other factors to determine what is in the child’s best interest.
Temporary custody modifications
When a military parent deploys, Oklahoma law allows for temporary custody modifications. These modifications are temporary and revert to the original arrangement once the parent returns from deployment. This provision ensures stability for the child while acknowledging the temporary nature of the deployment.
Family care plans
Military parents can create a family care plan, outlining their preferences for their child’s care during deployment. While not legally binding, these plans can guide courts and the other parent in making temporary custody arrangements. A well-drafted family care plan can help prevent disputes and provide clear instructions on the care of the child.
Legal assistance for military parents
Military parents facing deployment may need to seek legal assistance to navigate custody issues. Legal professionals with experience in military family law can help ensure that the parent’s rights are protected and that the child’s best interests are considered.
Returning from deployment
Upon returning from deployment, military parents in Oklahoma have the right to request the reinstatement of the original custody order. Courts must prioritize the restoration of the pre-deployment custody arrangement unless it is no longer in the child’s best interest. This process helps military parents regain their custody rights promptly and smoothly.
Understanding the protections for military families going through a divorce can help you know what will happen to your custody plans if you get deployed.