How Does Military Deployment Affect Custody and Parenting Time in Connecticut?

Many members of the military who live in Connecticut have custody orders, and it is vital to understand how a deployment will affect your custody and parenting time. If you are informed of an upcoming military deployment, custody may need to be adjusted to accommodate your absence. Connecticut enforces specific rules that apply to these situations, so it’s important that you know what to expect.

Military Deployment and Custody in Connecticut

Connecticut’s child custody laws focus on the best interests of the child in every case. This means that when custody is decided, the judge making the final decision must evaluate many factors concerning the child’s parents, assess the child’s unique needs, and develop a set of terms that provide the child with the support and care they need to thrive as fully as possible.

When one parent is a member of the United States Armed Forces, this can severely restrict their schedule, but they are likely able to maintain a custody schedule while in the country. However, if they are scheduled for a deployment that will take them far away from their child, their current custody terms may not be tenable during deployment. If you find yourself in this situation, you should hire a military lawyer with proven experience handling custody disputes.

A New London military divorce lawyer will be a crucial asset if you are a member of the US military preparing for divorce in Connecticut, especially when you are a parent who must resolve custody of your child. Depending on your current duty in Connecticut, you may be able to maintain a physical custody schedule for your child, but you must be prepared to address deployment should the need arise.

In Connecticut, either parent with a custody order may petition for a modification of their custody order under certain conditions, including an upcoming deployment. The military parent may not be able to maintain physical custody while deployed, so the court will need to devise a new temporary custody order for their deployment. This will usually include provisions to ensure the military parent is able to regularly communicate with their child during deployment.

Once the military parent’s deployment ends, there is a 90-day waiting period before any permanent modification of their custody order may be entered, and the non-deploying parent cannot petition for any permanent modification of the custody order during the other parent’s deployment or during this 90-day period. Essentially, this prevents the deploying parent’s absence from being used against them.

How a Connecticut Military Attorney Can Help

Whether you are resolving child custody for the first time as part of a divorce, or you are preparing for a modification of your custody order to account for you or your coparent’s military deployment, you should hire a military lawyer who has proven experience handling child custody cases. Your attorney can verify that your case aligns with Connecticut’s child custody laws and the specific provisions that apply to deploying military parents.

The New London family lawyers at Suisman Shapiro Attorneys-at-Law have extensive experience representing members of the US Armed Forces in all types of family court matters, including custody modifications. If you have questions about your or your coparent’s upcoming deployment and how this will affect your custody order, reach out to our team as soon as possible to learn how we can assist you.

FAQs

How Is Custody Split in Connecticut?

In Connecticut, custody is split based on the best interests of the child. When both of the child’s parents live relatively close to one another, and both are deemed fit for parental responsibilities, the family courts of Connecticut generally strive for as close to 50% custody for each parent as possible. A New London child custody lawyer can help you secure the fairest possible arrangement of legal and physical custody for your child.

What Is the Difference Between Legal Custody and Physical Custody?

The main difference between legal custody and physical custody is that legal custody determines the ability to make important decisions for a child, while physical custody determines how much time the child physically spends with each of their parents. In many custody orders, parents share legal custody, and physical custody is decided based on the child’s needs and the parents’ respective work schedules and availability to handle their child’s daily schedule.

How Do You Change a Custody Order in Connecticut?

You can change a custody order in Connecticut if you can prove that you have a reasonable need to alter the existing custody terms. The modification process will require proving that your proposed change is both reasonable and necessary and aligns with the child’s best interests. It’s possible to petition for a temporary change to account for things like military deployment, or you may petition for a permanent change to the custody order under certain conditions.

What Happens if a Parent Violates a Child Custody Order in Connecticut?

If a parent violates a child custody order in Connecticut, they could face a wide range of penalties depending on the scope and severity of their violation. Intentional violation of a lawful court order can result in being charged with contempt of court, and custody may be altered to reflect the parent’s violation. In extreme cases, a parent may have their parental rights involuntarily terminated.

Why Should I Hire a Military Lawyer for a Custody Modification?

You should hire a military lawyer for a custody modification because they will know how to navigate this process as efficiently as possible. Your attorney can help you secure a reasonable and necessary modification that accounts for your deployment, and they may also help you secure guarantees of contact with your child during your deployment, physical visitation during leave, and resolve any issues you encounter with your child’s other parent.

Suisman Shapiro Attorneys-at-Law has years of proven experience handling a wide range of custody cases in Connecticut, including military deployment custody modifications. If you have questions about this process, we can assist you. Contact us today to schedule your consultation with a Connecticut military attorney with experience handling difficult custody cases.