QUESTION
How is child custody determined between dual military parents?
Asked on Aug 13th, 2014 on Child Custody - Virginia
More details to this question:
We currently have joint physical/legal custody of my daughter. Both of our PRD (projected rotation date) are coming up soon. If we were to get orders to different places, which parent would my daughter live with? Her mother has to select ship orders and I will have shore duty. I will be able to take care of her everyday as if i were working a regular 9-5, while her mother would have to deploy for 6-10 months at a time throughout the next 3 years.
1 ANSWER
1 Award
When there is a material change in circumstances, such as the mother's deployment, then custody of the child will be determined under the same factors as every other custody case, pursuant to Virginia Code 20-124.3: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.3. If you and the mother cannot reach an agreement, the court will use these factors to determine who is better able to care for the child's needs and what it is the child's best interest.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Aug 14th, 2014 at 10:10 AM