The Impact of Military Service on Custody and Support in Atlanta, GA
The impact of military service on custody and support in Atlanta, GA is substantial and introduces unique considerations as well as legal protections for parents who are service members. Service members and their families need to understand how state and federal laws interact with military regulations, especially regarding deployments and relocation.
Our experienced child custody attorneys can help prepare and file necessary legal documents, such as custody agreements, child support orders, and motions. Our legal team can help you seamlessly navigate these complexities, and strive for the best possible outcome in your case.
How Does Military Service Impact Custody and Support Determinations?
In Georgia, military service significantly impacts child custody and support cases. For example, the Servicemembers Civil Relief Act (SCRA) is a federal law that protects active-duty military members from being disadvantaged in legal proceedings, including child custody cases. The SCRA allows service members to request a delay of court proceedings if their military duties significantly hinder their ability to participate.
The initial stay can be for a minimum of 90 days and may be extended at the court’s discretion. The SCRA shields service members from default judgments if they are unable to respond to legal actions due to military service. Courts can issue temporary custody orders to accommodate a service member’s military obligations, ensuring that service commitments do not unduly impact parental rights or responsibilities.
Existing custody or support orders can also be modified to reflect changes in a parent’s military service commitments. Georgia statutes prevent courts from modifying custody orders permanently based solely on temporary duty assignments. Upon a military parent’s return, the original custody order should be reinstated within a set time unless there is proof that it would not be in the child’s best interests.
Deployed parents can petition the court to allow a family member (e.g., grandparent) to exercise visitation rights on their behalf during deployment. Courts may allow for expedited hearings and the use of electronic testimony (e.g., video calls) when a service member is unavailable due to deployment.
Important Considerations for Parenting Plans Involving Military Parents
Georgia courts prioritize the child’s best interests when determining custody, even in cases involving military parents. Judges consider a range of factors, including the child’s relationship with each parent, home environment, ability to meet the child’s needs, school and community adjustment, and any history of violence or substance abuse. While deployment can complicate regular visitation, courts may order virtual visitation and adjust physical visitation schedules around deployment cycles.
Military parents must provide detailed Family Care Plans outlining childcare arrangements during deployments. Consulting with an attorney specializing in military family law is crucial to understanding and protecting your rights as a military parent in Georgia. A well-crafted plan addressing potential deployments, relocations, and other military-specific issues can provide stability and clarity for everyone involved. Relocation due to military orders requires notification to the court and co-parent, and potential modifications to custody plans to accommodate the move and maintain contact between the child and both parents.
Georgia law specifies which military compensation and allowances are considered gross income for calculating child support. Only the portion of Basic Allowance for Housing (BAH) not attributable to area variable housing costs is included in gross income for child support calculations. Georgia uses a BAH II chart to determine a service member’s housing rate without considering locality, simplifying calculations and reducing the need for modifications with relocations.
Contact an Atlanta, GA Military Divorce Attorney for Custody and Support Guidance
Military service significantly impacts child custody and support matters in Atlanta, GA, creating unique challenges related to deployments and relocations. Our Atlanta firm can guide service members and their families through the complexities of Georgia state law and federal regulations related to military divorce, child custody, and support. Give us a call today to request your case consultation with a member of our legal team.
