Law Offices of David P. Schwarz Family Law Lawyer

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Child Custody And Military Temporary Duty, Mobilization And Deployment

At the Law Office of David P. Schwarz, we have handled many military cases where the party has been relocated by the military and not by their own choice in Orange County family law Court. Please contact our law office at 949-296-4119 or reach us online.

A child custody lawyer will argue that a party’s absence, relocation, or failure to comply with custody and visitation orders shall not be a reason by the other party to go to court and seek a modification of a custody or visitation order. The Military serviceperson cannot be penalized for being absent on a visit if the were deployed for combat or military duty.

A child custody attorney will assure their client that any mobilization of that military party shall not effect their custody schedule as soon as they come home from combat. Any change in the custody schedule will be deemed temporary. The Court cannot deem the change permanent and it any change will be without prejudice. This goes to any serviceman who has joint or sole custody of the minor child. Once they return there shall be a review and reconsideration of the custody schedule.

An Orange County attorney will be able to go back to Family Court and have the temporary order reviewed upon return the from military deployment, mobilization, or temporary duty. There shall be a presumption that the custody order shall revert to the order that was in place before the modification, unless the court determines that it is not in the best interest of the child.

A child custody lawyer shall fight any request that the court shall order a child custody evaluation under Section 3111 of this code or Section 730 of the Evidence Code. The Court can only order the above evaluations if the opposing parent claims the reversion of the prior family law order is not in the best interest of the child. The other party must make a prima facie showing first in order to do this.

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At the Law Office of David P. Schwarz, we will request that the court custody order that will that will ensure that the relocating party can maintain frequent and continuing contact with the child by means that are reasonably available.

The military serviceperson can also request that the court order reasonable visitation rights to a stepparent, grandparent, or other family member if the court finds there is a preexisting relationship between the family member and the child that has engendered a bond such that visitation is in the best interest of the child.

In addition, if the Court can order grandparent visitation if it finds that the visitation will facilitate the child’s contact with the military parent and they can find a with the other parents right to exercise parental control.

We will prevent any child custody change upon any military deployment by the serviceman. Please contact our office at 949-296-4119.