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Child custody tough in California military divorce

On Behalf of Cullen Family Law Group | Aug 2, 2012 | Military Divorce |

Child custody can become a contentious issue in divorce, but for some Americans it can become an even more complicated dilemma. Many California readers may know firsthand just how difficult child custody can be during military divorce. States differ when it comes to child custody rules for military members serving their country. One national legal panel is attempting to simplify child custody rules for active service members all across the country. The panel has given their seal of approval to a set of uniform codes called the Deployed Parents Custody and Visitation Act.

Apparently this set of guidelines would help state legislatures adopt consistent child custody laws for military members throughout the entire country. Traditionally, child custody issues have been decided upon a state-by-state basis. Despite the fact that a military parent may have no choice in the matter, their being absent from their children’s lives when the other parent decides to file for divorce can often be used against them.

One Navy father found that out firsthand when his wife not only filed for divorce while he was deployed, but also supposedly moved his daughter to another state and refused to allow him to see her. When the man requested that a judge help him get his daughter back to the state of Virginia, the judge claimed that he did not have jurisdiction over the child custody dispute. His apparent reasoning for that statement was the fact that the father had received military orders to leave their state.

This father has apparently had a tough time trying to get his child custody rights back after his military divorce. California service members who have gone through something similar may well understand his pain. Hopefully, the Deployed Parents Custody and Visitation Act will help standardize child custody rules across the country. Military members should not have to fear losing custody of their children when they are sacrificing so much of themselves to serve their country.

Source: Hattiesburg American, “Legal panel: Improve child custody rules for military,” Kristin M. Hall, July 18, 2012

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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