Virginia is a military state, with at least 117,000 active members of the military and 27 military bases. Although the divorce rate is relatively low for military families — about 3.5 percent, according to the Pentagon — it does happen. Military divorces are similar to civilian divorces in many ways; however, visitation is especially worrisome when deployment is a factor.
A member of the armed services who is deployed obviously can’t see his or her child every other weekend. And they can’t attend court hearings if a spouse has filed for divorce. That’s why there are laws to prevent active-duty military members from facing disadvantages in court.
Virginia Military Parents Equal Protection Act
The Virginia Military Parents Equal Protection (Code §20-147.7, et al.) Act was passed by the General Assembly to preserve the rights of service members deployed overseas. Under the law, a court is authorized to temporarily establish or modify the custody and visitation rights of the deployed parent, including delegating those rights to family members while the deployed parent is overseas.
According to the Act, a non-deploying parent must make an effort to accommodate the leave schedule of the deploying parent. Additionally, the non-deploying parent must help facilitate telephone and email communication between a child and their deployed parent. The deployed parent, in turn, is required to provide timely information about their leave schedule to the parent at home.
Federal Protections: Service Members Civil Relief Act
There are also Federal laws protecting the rights of deployed parents. The Service Members Civil Relief Act (SCRA) protects the rights of active military members by postponing or suspending certain civil obligations — such as mortgage payments, taxes, and credit card debt — so they can focus on their military duties without concern for their civil rights at home. This law includes provisions related to divorce, which can be delayed until the deployed service member returns home.
Conclusion
Divorce and child custody issues are challenging, especially for active military members and their families. It’s essential to work with an attorney experienced in military divorce and custody to ensure your rights under the law are protected.
The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters and are here to help you. Contact one of the DiPietro family law attorneys today to schedule a consultation with a caring professional at (888) 530-4374, or visit us online.
