Military Divorce Issues – Child Custody and Deployment

Defense Secretary Robert Gates reversed the Pentagon’s prior position and now supports legislation that would prevent service members from losing custody of children solely due to deployment.  Previously the Defense Department had not supported such legislation.

This is an interesting issue as it is rarely the case that a servicemember who has been depolyed has done anything else to justify a change in custody.  Such a change could last the remainder of the child’s life unless that solider can prove that switching custody back would be in the child’s best interest upon returning from duty. 

There are still some actions that servicemembers whom are about to be deployed can take under Oregon law, such as a temporary delegation of parental authority.

About Sean Stephens

By Sean Stephens Google + Sean Stephens is divorce and family law lawyer, and a founding member of Stephens & Margolin LLP He was born in Eugene, Oregon and is a fourth generation Oregonian. Sean Stephens attended the University of Oregon, and graduated in with a Bachelor of Science in Psychology, with a minor in English Literature. His psychology studies emphasized early childhood development. You can find more about Sean Stephens at Stephens & Margolin LLP Follow him
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2 Responses to Military Divorce Issues – Child Custody and Deployment

  1. pfc browning christopher says:

    im deployed in afganistan at the current time. im wanting to divorce my wife an start fresh. she is engaged to anoher man an is ready to divorce. i need to know if i can divorce her if i file the paperwork while on my deployment.

  2. Taking custody away from a deployed serviceman or woman simply because they are deployed is an injustice and it is un-American.

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