As a Member of the Military, Can I Be a Primary Parent to My Child in Colorado?

It’s relatively common that many military family members assume they cannot be named primarily responsible parents due to their duties, which may take them all over the world, or their possible deployment. However, this is not necessarily true.

Although deployments, out-of-state training, and PCSs make primary custody challenging, under Colorado law, the Court must always formulate a solid plan in the child’s best interest; this rule is paramount in every custody decision.

The Colorado Court must always provide paramount consideration regarding the physical, mental, and emotional conditions involved and the needs of the child; this directive pertains to whether the family has a member in the military or not.

In doing this, the Court will consider all relevant and pertinent factors listed in Colorado Revised Statute 14-10-124, including such things as:

  • The wishes of the child’s parents regarding parenting time.
  • The direct wishes of the child if they are old enough to express reasoned and independent preferences as to their primary parent or the parenting time.
  • The child’s relationships with parents, siblings, and any other person or relative who may significantly affect the child’s best interests.
  • The ability of all parties to encourage sharing love, affection, and contact with the child.
  • The physical proximity of the parties, such as a military member, and how this relates to the practical considerations of custody, etc.
  • Whether in the military or not, each party can prioritize the child’s needs over their own, and much more.

You must note that if you’re a military member, you still can have primary custody of your child, but it does present unique challenges. Therefore, if you are divorcing and in the military, you must obtain an experienced, knowledgeable, and empathetic child custody lawyer well-versed in dealing with this type of unique case; it’s the only way to do what’s best for you and your child rationally.

How Can Active Duty or Deployment Affect My Child Custody Agreement?

As stated, having physical primary custody of your child and being in the military makes things a bit more complicated because you may be required to move around or be deployed.

That said, the Colorado courts understand these cases, and normally, you would have made contingency plans, such as having a nonmilitary parent (or another trusted person) temporarily care for your child so that their life is not overly disrupted.

However, situations do differ. Let’s say you share physical custody of your child and must make a permanent move to another state. In this case, you should confer with your co-parent before attending Court and legally changing your current custody agreement. One thing you should never do is move without informing your ex-partner. This can lead to dire legal ramifications.

Relocating to another state or being deployed for a lengthy time always requires filing a formal “Motion to Relocate” and a formal court order granting you permission to relocate the child outside Colorado. However, complexities will arise, and the help of a professional and diligent child custody lawyer is always in your and your child’s best interest.

As a military member, if you get deployed, you still have a right to bond with your children, and the Uniform Deployed Parents Custody & Visitation Act (UDPCVA) provides and protects you with this right.

The Service Member Civil Relief Act (SCRA) can also help protect parental rights. Both acts allow you, as a parent, to request a temporary stay in your current location before deployment. The SCRA enables you to stay for up to 90 days, but the UDPCVA offers a maximum stay of up to 18 months.

During your deployment, in most cases, your child will live with their other parent, but you still must propose a new parenting plan to the Court.

Furthermore, if you and your ex-partner cannot agree on a new plan, things can rapidly become legally complex, and then the judge will usually intervene to act in the child’s best interest.

This matter almost always must be discussed with your skilled and well-versed child custody lawyer and settled before you are deployed (either an agreement is made or the judge rules on the matter). One thing is clear: Your ex-partner cannot legally alter your current parenting agreement during your active deployment; this would violate your parental rights.

If I’m Going to be Deployed, What Should I Do First?

Having a plan with your ex-partner before you deploy or relocate, when possible, is always the best way to proceed.

Usually, you should prepare a family care plan ahead of time that describes who will provide care for your child financially, medically, and logistically if you are deployed.

Suppose you are a military member caring for a child. In that case, an official family care plan is commonly required by all military services (Army, Marine Corps, Navy, etc.) and must be updated.

In cases where a service member and ex-spouse are raising their children together, planning for deployment is necessary, and you must be prepared for this occurrence.

It is always best to cooperate and plan, but even if you do that, it may not mean everything will run smoothly. Child custody considerations and divorce put enormous stress on families, and adding a military parent must exacerbate the situation.

However, by discussing this inevitability with an empathetic, knowledgeable child custody lawyer, you can commonly get the resources you need and find a way to reduce the emotional strain for you and your family.

What Is the Servicemembers Civil Relief Act and How Can It Help Me?

The Servicemembers Civil Relief Act is a broad act protecting the legal rights of service members while they are on active duty.

As you thorough child custody lawyer will explain, the act applies to numerous members of the armed forces, such as:

  • Active-duty members of the regular armed forces (Navy, Army, etc.).
  • All members of the National Guard when they are serving active-duty status under orders.
  • Members of the reserves when they are called to active duty.
  • Members of the Coast Guard on active duty in support of the armed forces.
  • All the dependents of these service members, and possibly more.

Just some of the things that SCRA provides to service members are:

  • They can obtain a delay, or stay, of any court or administrative proceeding if their military duties affect their ability to proceed in the particular case.
  • They can usually receive an automatic 90-day stay in court proceedings if they request it in writing from their lawyer, etc.

Other notable protections the SCRA may provide are:

  • A possible 90-day stay at the discretion of the judge, magistrate, or hearing officer.
  • These protections do not apply to any criminal court or criminal proceedings.
  • Specifically, if your ex-spouse spouse attempts to alter a child’s custody status while you are deployed, your lawyer can use the SCRA protections to invoke your rights to postpone the hearing and more.

Admittedly, the scope of the SCRA is extensive, and to use this valuable resource wisely, primarily regarding serious issues such as custody, child support, etc., your family lawyer’s prudent, rational, and expert advice is mandatory.

I’m a Member of the Military and Being Deployed; How Should I Proceed?

First, you must remember that as a member of the armed forces, in all 50 states, you have at least one meaningful provision in the state’s child custody laws that protects your rights in custody cases.

These provisions ensure that military service-related separations do not determine or unduly influence child custody decisions.

Both the military and the states wish to uphold your rights as a caring parent. Although military service admittedly may cause unique custody challenges, your and your child’s rights will be protected.

These cases are complex, and your family lawyer must be well-versed in managing military family child custody cases to get you the best result possible.

The child custody and family lawyers at the Lux Law Firm fully understand how emotional and life-changing these issues can be; they stand ready and able to help military families achieve the best outcome possible.

Call them today at 719-451-7469 for an initial consultation. They will work tirelessly to uphold your and your child’s rights and help you through this difficult time.