Differentiating Maryland Child Custody Rights for Active Duty Military from Civilian Child Custody Rights
One unique aspect of cases involving Maryland child custody rights for active duty military is the Servicemembers Civil Relief Act or “SCRA.” Under this act, an active duty member of the Army, Navy, Marines, Air Force, Coast Guard, and some members of the National Guard may obtain a stay or postponement for up to 90 days on all child custody and visitation court proceedings. To obtain this 90-day stay, an active duty military parent’s service must materially affect his or her ability to proceed in the case. Several factors considered in postponing a proceeding on Maryland child custody rights for active duty military parents include, but are not limited to:
- Length of deployment
- Location of parent’s deployment
- The best interest of the child
- Existence of a family care plan
- Other relevant factors
Protecting Maryland Child Custody Rights for Active Duty Military Parents in Montgomery County, Maryland and Prince George’s County, Maryland
Although there are special circumstances surrounding Maryland child custody rights for active duty military, servicemember parents have the same custody and visitation rights as civilian parents. There is no law that prevents an active duty military parent from serving as a primary custodial parent.
As in a child custody and visitation proceeding with civilian parents, a proceeding with an active duty military parent has the ultimate goal of creating a custody and visitation arrangement that is in the best interest of the child. When Maryland child custody rights for active duty military parents are at issue, the court has the difficult task of establishing an arrangement that allows for the special duties and responsibilities of the military parent while being fair to the civilian parent. Ideally, both the civilian and military parents will be able to mediate a custody and visitation arrangement that addresses the commitments of the military parent allowing flexibility for deployment or mandatory training sessions.
Although the process may seem overwhelming, a skilled custody lawyer, who is familiar with the unique nature of cases involving active duty servicemembers, can help guide you through the process while protecting your parental rights.
Contact Our Office for Skilled Custody and Visitation Representation for Active Duty Military Parents
At the Law Office of LaSheena M. Williams, LLC, we believe that active-duty parents shouldn’t be penalized in custody and visitation cases because of their service to our country. Our experienced legal team can help you establish a flexible custody and visitation arrangement that accommodates your responsibilities as active duty military.
Our firm skillfully represents clients throughout Rockville, Bethesda, Gaithersburg, Silver Spring, Takoma Park, Chevy Chase, College Park, Cheverly, Greenbelt, Oxon Hill, Hyattsville, Upper Marlboro, Largo, Bowie, and surrounding communities. Call us today at (301)778-9950 or send us an online request for a consultation.
