Denver Military Child Custody Lawyer

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Denver Military Child Custody Attorney

Navigating child custody following a divorce or a breakup can be a challenging hurdle to overcome. Naturally, both parties want what is right for the child, and that can mean many different things. For military parents, additional challenges need to be addressed before child custody can be decided on. If you or your ex-partner is an active or retired service member seeking a child custody agreement, contact a Denver military child custody lawyer.

Denver Military Child Custody Lawyer

The Right Thing for the Child

Regardless of either parent’s involvement in the military, the ultimate goal for any child custody arrangement is to do whatever is in the interest of the child. The Colorado courts’ top concern in a custody battle is the child’s well-being. Deployments, out-of-state training, and change of stations may lead some active service members to think they may not be considered as the primary caregiving parent for their child. This is not always the case, and every situation is different.

Factors Considered by the Court in a Child Custody Proceeding

If parents cannot come to an agreement, the family court will make a decision. The unfortunate unpredictability of an active service member’s life can make it a bit more difficult for them to become the sole caregiver in a custody battle, but it is not impossible. More so, Colorado courts are bound to consider the child’s well-being above all else. This is in accordance with Colorado Revised Statute 14-10-124, in which all relevant factors to be considered in a child custody battle are listed as such:

I) The wishes of the child’s parents as to parenting time.

II) The wishes of the child if they are mature enough to choose which parent they would rather be raised by.

III) The interaction of any other family members, including siblings, who may alter the child’s well-being in any way.

IV) The child’s sudden adjustment to a new living situation, including a new home and a new school.

V) The mental and physical health of all parties, though any disability will not restrict parenting time.

VI) The ability of one parent to encourage love and contact with the other parent.

VII) Consideration of past involvement as a parent and whether there is a history of commitment, time, and support.

VIII) How physically close both parents have been to one another in the past and whether this has an impact on parenting time.

IX) Whether either parent has ever been found to have committed child abuse or neglect. Evidence will support any claims made.

X) Whether either parent has ever been found to have committed domestic violence.

XI) The ability of each parent to place the child’s needs above their own.

An experienced child custody lawyer can help you navigate a custody battle. If only one spouse is in the military, the judge can rule on a specific custody plan that benefits both parents and the child. Essentially, if the military parent is awarded custody, custody can be swapped to the other non-military parent in the event of a deployment. It is entirely possible to be a full-time active service member and still be a devoted, present parent.


Q: Does BAH Count as Income for Child Support in Colorado?

A: Yes, Basic Allowance for Housing (BAH) is counted as income for child support in Colorado. It is only counted if the parent paying child support is in the military. Child support is calculated from total earning income, which includes BAH for a military parent. While the military does not automatically handle the child support payments of its members, military parents in Denver can sign up for voluntary allotment, which does automatically withdraw child support payments.

Q: How Does Custody Work If Only One Parent Is in the Military?

A: If only one parent is a military service member, then the service member’s need to relocate often because of their service is taken into serious consideration. The primary concern is the interests of the child in question. A judge can decide on joint custody, at which point the civilian parent becomes the primary caregiver when the military parent is deployed. It is an arrangement that many military families are already familiar with.

Q: Who Gets the Kids in a Military Divorce?

A: Who is awarded custody of the kids in a military divorce in Denver can vary. The rules are no different for the military than they are for civilians when it comes to child custody, and every case is different. While the court is encouraged to award joint custody, there could be other circumstances that prevent that, such as spousal abuse or lack of income on one side. In the end, the court will decide to act on whatever supports the child’s well-being.

Q: What Is a Military Dependent Child?

A: A military dependent child is a child who is counted as a dependent by their military sponsor, who, in this case, would be one or both of their parents. This dependent status entitles the child to certain benefits as an extension of the military parent’s duty status, such as medical benefits, educational benefits, and childcare benefits. Basically, being a military dependent gives you access to certain benefits you may not have access to without a parent or spouse’s military status.

Consult With a Military Child Custody Lawyer Today

Fighting a custody battle is never easy. It can be emotional, contentious, and stressful. You need a favorable custody agreement, and hiring a child custody lawyer can help you reach one. When you add the complexity of the military to a child custody battle, the chances of things getting more difficult increase. It is important to remember that a child’s future is at stake, and if the issue goes to trial, the court will ultimately decide what is right for them.

If you are an active service member seeking primary or joint custody of your child, don’t fear that your potential deployment could be a hindrance in obtaining custody. The Law Center P.C. is prepared to assist you in developing your case and helping you understand your options. Contact us to schedule a consultation as soon as you can.


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