Can PCS orders affect child custody?
Military life does not pause when personal matters arise; divorce is no exception. If you are going through a divorce and receive Permanent Change of Station (PCS) orders, the process can get even more complicated, especially when children are involved.
You might be wondering how a sudden move affects your parenting plan. Can your spouse stop you from taking the kids? Could you lose custody if you move? These are real concerns for military families dealing with divorce, and the answers are not always clear-cut.
When duty calls, but you are still a parent
PCS orders do not automatically change custody, but they can influence decisions during or after divorce. Courts look at the child’s best interests first, and moving far away from the other parent can be a big factor.
If you are facing PCS orders during a divorce, here are some things to keep in mind:
- Do not make sudden moves: Leaving the state with your child before getting a court’s permission could hurt your custody case.
- Talk to a legal professional right away: They can help file a motion to adjust the parenting plan or request a temporary custody order.
- Gather documents supporting your move: This can include orders, housing plans and school information. Courts need to see that your child’s needs will still be met.
- Be flexible with parenting time: If you are moving far, consider offering longer visits during school breaks or paying for travel costs. This shows the court that you are willing to keep both parents involved.
Being a service member does not take away your rights as a parent, but it does require extra care during a divorce. You will need to balance your duties with what is best for your child, and that often means working closely with your legal team.
Divorce is never easy, especially with military rules in the mix. A legal practitioner who understands the legal system and military life can help you protect your rights and your role as a parent.