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Child Custody Proceedings Involving Parents in the Military

In North Carolina, it is possible to move forward with a child custody case even if one parent is overseas serving in the U.S. military. The military service of a parent does not automatically prevent the court from hearing a child custody case or making custody determinations. However, it may present some unique challenges and considerations that the court will take into account.

The North Carolina court will always prioritize the best interests of the child when making custody decisions. They will consider various factors, including the child’s relationship with each parent, the child’s needs, the ability of each parent to care for the child, and any other relevant factors.

When one parent is serving in the military overseas, the court may consider the following factors:

Deployment and visitation: The court will examine the nature and frequency of the military parent’s deployment and how it may affect their ability to spend time with the child. They may consider alternative visitation arrangements during periods of deployment.

Communication: The court may consider the military parent’s ability to maintain regular communication with the child while overseas, such as through phone calls, video chats, or letters.

Stability and support: The court will assess the stability and support system of both parents. They may consider the availability of other family members or caregivers who can provide support to the child when the military parent is deployed.

Relocation: If the military parent is likely to relocate frequently due to their military service, the court will consider the potential impact on the child’s stability and continuity of education and community.

It’s important to note that specific custody arrangements can vary depending on the circumstances of each case, and the court will make decisions based on the unique factors involved.

We can provide guidance tailored to your specific situation and help you navigate the legal process. Please call (828) 452-2220 for your appointment today.