Military Child Custody –
“How Do Judges Decide Custody for Military Families?”
If you’re a service member going through a divorce or custody battle, you’ve probably heard judges use the phrase “best interest of the child.” But what does this actually mean for military families who move every few years? Here’s how California courts make these critical decisions.
1. The Standard Factors (Same as Civilian Cases)
California family courts consider:
Child’s health/safety (primary concern)
Emotional ties to both parents
Parenting abilities of each parent
Child’s routine/school/community ties
2. Special Military Considerations
Courts also weigh:
– Deployment schedules (frequency, duration)
– PCS move history (stability vs. disruption)
– Ability to maintain relationships during absences
– Backup care plans during deployments
Example: A Navy parent with frequent 6-month deployments may get less physical custody than an Air Force parent with stable stateside assignments.
3. How to Show You Meet the Standard
If you’re the military parent:
Demonstrate strong co-parenting during past deployments
Show detailed visitation plans for future assignments
Highlight stable family support (grandparents nearby, etc.)
If you’re the civilian parent:
Prove you’ll facilitate the military relationship
Avoid appearing to use relocation as leverage
4. What Doesn’t Automatically Disqualify You
Contrary to myths:
Being deployed ≠ unfit parent
Moving frequently ≠ automatic custody loss
Being the non-military parent ≠ guaranteed primary custody
Need Help Presenting Your Best Case?
We help military parents navigate custody with strategies that address these unique factors.
