Visitation Rights of Parents Serving in the Armed Forces
Members of the armed forces make tremendous sacrifices to protect their fellow Americans. At any moment, they might be deployed to a distant location in order to meet a specific need. When a service member is a parent who has visitation rights pursuant to a custody agreement, there are many ways that military duties might affect their ability to see their child.
Recognizing the special challenges faced by military mothers and fathers, Georgia has adopted standards based on the Uniform Deployed Parents Custody and Visitation Act. These provisions generally make clear that military service cannot be the sole basis for denying custody or parenting time. Depending on the specific situation, courts might need to make temporary changes to a visitation schedule when a parent is deployed overseas or required to complete training far from where their child lives. Moreover, permanent custody orders should not be set when a military parent has been, or is about to be, sent to a distant location.
Georgia law says that parenting plans involving mothers and fathers in the armed forces should include language on how they will maintain contact with their child in the event they are deployed. One option mentioned in the statute is for extended family members of the deployed parent to take their place during visits conducted according to the existing schedule. Children might also speak with their parents through video conferencing or a phone call during these visits, if possible.
As with any visitation or custody matter, decisions are always made based on the youth’s best interests. Factors such as parental fitness, the stability of each home and a willingness to support a child’s relationship with their other parent all play an important role.
If you are a service member facing custody or visitation issues in Georgia, an attorney experienced in family law can help you utilize the legal protections in place to help you preserve your parental rights.
The Law Office of S. Mark Mitchell, LLC advises Georgia clients, including military personnel and their spouses, on a full range of custody and visitation matters. To make an appointment regarding your situation and legal options, please call 470-344-8550] or contact me online. My office is in Newnan.
