Divorce can be a challenging time for everyone, but it can be particularly complicated for military families. There are many unique concerns that those in the military face as they make decisions that impact child custody and visitation during divorce. Active service and deployment can bring a degree of uncertainty to the familial relationships, so it is important to take these situations into consideration when developing a child custody plan that works best for parents and children. An experienced family law attorney will help guide you through the process.
Child Custody Issues
Typically, the law provides for both parents to share in the custody and care of their children. In an optimal situation, a child would spend approximately equal time with each parent. In reality, that may not always work out for families. Generally, one parent may have primary physical custody while the other parent has regular visits. However, when it comes to military families, the typical scenario may not be possible. One parent may be deployed or transferred to another state. This makes custody issues more complex.
Physical Placement
Legislation in place in Wisconsin (Wisconsin Statutes 757.451(3m)) states that the court cannot consider a parent’s active duty in the military when determining legal custody or when changing custody. When a parent is away because of active duty in the military, placement may change temporarily. If the placement changes due to the active duty of a parent, the original placement order is reinstated upon discharge. The exact schedule of placement may differ as long as the percentage of time with each parent remains the same.
Wisconsin case law indicates that a parent may not leave their child under the care of a stepparent while they are deployed. The court of appeals found that the proper option for a stepparent is to request visitation through a modification if necessary. A stepparent would need to request time with the child through the courts. It is helpful to consult with an attorney in order to determine the correct course of action to address this situation.
Non-Parental Visitation
Wisconsin Statutes 767.43 provides a method for non-parental visitation. A non-parent may petition the court to request visitation with a child. This applies to all cases, but may be particularly applicable in military cases. For instance, a grandparent, stepparent, or other non-parent may seek visitation with a child when they are able to demonstrate that they have a close relationship to the child, which is like a parent-child relationship. This can help ensure that a grandparent will be able to regularly see their grandchild even when the parent is away for an extended period of time in the military. The other parent will have the opportunity to oppose the request. The court will always consider what is in the best interests of the child.
It is best to discuss the matter with a knowledgeable attorney as soon as possible in order to protect your parental rights and to make sure that you do what is best for the child. To discuss your issues and get answers to your questions, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to request a consultation.