One of your primary concerns following your divorce in Richmond is likely to be maintaining frequent contact with your children. Such contact may be relatively easy to maintain thanks to your custody or visitation schedule, yet what happens if and when your military obligations call you away. Many in your same situation who are facing a deployment come to us here at The Grinnell Law Firm, PSC concerned that they will have difficulty getting back into the same routine with their kids once they return. If you share the same worries, your fears certainly are justified. You can rest assured, however, that state the recognizes the importance of your service and will not penalize you for that.
Fulfilling a military deployment is unlike relocating for a new job. In the latter case, you are consciously choosing to move away. Thus, while the court may be accommodating in adjusting your custody or visitation agreement, there is no legal obligation to do so. It is not so with a deployment. According to Section 403.340 of Kentucky’s Revised Statutes, and modification of your custody or visitation schedule that arises due to your deployment will automatically cease once your deployment has ended.
With the concern about your long-term rights now answered, the question then becomes what custodial situation would be best for your kids while you are away. Some might say that the preferred solution would be to have your ex-spouse keep the entire time you are away. You can, however, request that a custodian be appointed in your place (such as a parent or sibling) who can assume your role in order to maintain the same custody schedule.
You can learn more about your custodial rights as a parent in the military by continuing to explore our site.