Can the state custody children be put in the military?
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The military has rules for situations in which a child's sole caretaker, or both caretakers if there are two parents, might be deployed… A service member is a single parent who has custody of a child under age 19, or shares custody with another parent to whom the service member is not currently married.
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When the military parent has sole custody, however, many states consider a transfer of custody to the other parent to be a change of custody, and it's not uncommon for the court to allow the military parent's new spouse or another family member, like an aunt or uncle or grandparent, to take over as the child's guardian during deployment if the military parent is the sole custodial parent.
Child Custody Considerations for Members of the Military. Many service members have custody of, or visitation rights with, children whose other parent is not the service member’s current spouse. Absences due to military service can undermine and disrupt existing arrangements, creating stress on parents and children.
Jurisdiction over child custody issues, however, may be handled differently than questions of military pensions and other issues. With the creation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a child’s ‘home state’, typically determined by where the child has lived for the past six months, has jurisdiction over decisions regarding child custody .
Under normal circumstances, a parent cannot simply remove a child to another state without violating the custody order or child relocation laws. However, military parents are generally aware of the possibility that they will move out of state, and can include custody or visitation provisions in the event the military parent is deployed. Military parents should discuss these possibilities with their family law attorney, who can then recommend the best way to proceed.
Children and Families, Denver Office, 303-364-7700. Over the last decade, legislation addressing issues facing military parents has become a national trend. With the number of custody and visitation issues among military families growing, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Deployed Parents Custody ...
When a woman in the service goes to court for custody of her children, she will often face allegations that she is not stable, due to the fact that military members "appear" to move frequently. This is not necessarily true. Service members are typically at the same base for at least 2 years, and often longer.
Let's just cut to the core: Unless your husband adopts your grandson or he's officially placed in your husband's custody by the state, the military will not give your grandson military benefits ...
A spouse, to include a common law spouse if the state recognizes such; or; Any natural child (legitimate or illegitimate) or child adopted by the applicant, if the child is under 18 years of age and unmarried, regardless of whether or not the applicant has custody of the child.
Federal law authorizes garnishment against the pay of military members to enforce child support and alimony in accordance with state law. Garnishments may be placed against the pay of active-duty, Reserve, Guard, and retired military members. The procedure to obtain a garnishment order is determined by state law.
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