Oceanside Military Custody Modification Lawyer

Oceanside Military Custody Modification Attorney

Military service members are able to request modifications to their original custody orders just as it’s done in civilian court. However, the unique circumstances of military life can make these cases even more challenging. Between frequent relocations, deployments, and a change in duty stations, anyone needing to modify a custody order should seek legal assistance from an Oceanside military custody modification lawyer.

At Erica Bloom Law, we understand the challenges faced by military families when it comes to modifying custody agreements. Because of this, our Oceanside family lawyer stands ready to help you navigate these complexities and strike a balance between your needs and the needs of your children. Connect with us today to learn more about how we can help ensure your custody plan remains fair, flexible, and sustainable for the future.

What Are the Most Common Military Custody Modification Requests?

Because change in military life is a constant, it’s understandable why someone might need to modify their child custody order. Some of the most common reasons include:

Relocation Due to Deployment or Permanent Change of Station

Sometimes, military parents are forced to move to a different state or country to continue their service. This distance can be so great at times that it makes it impossible to adhere to the existing custody arrangement. At this point, the court is open to examining how this move would impact the child’s well-being. The overall goal is to ensure the child’s stability while helping the service member relocate to keep a relationship with their child.

Adjustments for Deployment Schedules

Deployments are typically extended periods of time where a military parent will not be able to be physically present for their child. Because they will be gone, the court could issue a temporary modified agreement until the service member returns from duty. If possible, the court will also create a detailed visitation plan for the deployed service member.

Changes in Work Schedules or Duty Assignments

Military duty assignments are considered highly unpredictable. Sometimes, a new assignment could require long hours in the field or frequent travel, which would necessitate a modification to an original custody order. For example, one parent might request to spend more weekends and holidays with their child to make up for how much time they are losing from their military duties.

Emergency Situations

Sometimes, an emergency military situation, like a sudden deployment, can arise with little to no notice. This requires an immediate adjustment rather than starting to file a request to modify a custody order. In many cases, the non-deployed parent may need to automatically assume full custody until the emergency situation resides.

Accommodating Special Needs of the Child

When a service member’s child requires special needs, a custody arrangement can be modified to ensure they are still able to receive the care and support they need. This can involve considerations for new medical treatments needed, specialized education to support any learning disabilities, or therapy sessions to deal with a mental health issue. A modified order might designate one parent as the primary caregiver for certain aspects of these special needs.

Parental Agreement on New Custody Terms

Sometimes, both parents recognize that they need to reach a new agreement on a custody modification order due to changing life circumstances. When parents jointly petition the court with a plan they both already agree on, the process of securing the court’s approval is more straightforward. The court will review the proposed modifications to ensure they still will serve the child’s needs before issuing a final approval.

If any of these scenarios or something similar happens to you, connect with a military attorney as soon as possible. They will spend time reviewing every detail of your new circumstances to suggest which course of action would be the most advantageous to modify your custody arrangement.

Oceanside Military Custody Modification FAQs

Q: How Much Is a Military Custody Lawyer in Oceanside, CA?

A: The cost of hiring a military custody lawyer in Oceanside, California will vary based on how complicated the case is and how many years of experience the attorney has supporting service members. While many military custody lawyers charge per hour, others might prefer to offer a flat fee for specific services. Discuss legal costs upfront with your attorney before hiring them to ensure you can afford their services and not be subjected to surprise fees later on.

Q: At What Age Can a Child Refuse Visitation in Oceanside, CA?

A: There is no specific age at which a child can outright refuse to participate in a visitation arrangement. However, the court will consider the preferences of children who are older and more mature. Even when this happens, a judge will still evaluate other details to determine what they believe is the most favorable arrangement for the child. If a child’s preference was not considered in an original agreement, it could be considered during a modification request.

Q: How Can a Military Parent Ensure Continuity of Parenting During Deployment?

A: Military parents can establish a family care plan to ensure that they can still fulfill some parental obligations while also tending to a deployment. Within these plans, temporary custody arrangements will designate a guardian to care for the child while the service member is absent for their deployment. Sometimes, an original custody agreement may proactively detail what happens in these scenarios to ensure that everyone knows how to respond and that the child is cared for.

Q: How Do Military Benefits Impact Child Support Calculations in Custody Cases?

A: Certain military benefits, like Basic Allowance for Housing, will be taken into consideration when the court is calculating child support. This is because these benefits can have a huge impact on how much support a service member will be required to pay the other spouse. The court will look into the service member’s total compensation, including any non-taxable allowances, to ensure the final arrangement is fair and meets the child’s needs.

Contact Erica Bloom Law Today

If you are a service member looking for legal assistance modifying an existing custody order, contact the child custody lawyers of Erica Bloom Law today. We are proud to offer legal services to those who serve our country, and we would be honored to help secure the custody modification you are looking for.