Child custody disputes are difficult for many families, but they are especially complicated when military deployment is involved. However, recent developments in Illinois law will help protect the custodial rights of military parents.
The legislature amended the Illinois Marriage and Dissolution of Marriage Act by redefining what can be considered when evaluating custody and the best interest of a child. The law lists several factors to be considered, such as:
Many safeguards exist to protect the military parent’s custodial rights while deployed, and also upon their return. When a parent’s absence, relocation or failure to comply with a custody-related court order is due to military deployment, this by itself may not be sufficient to justify a modification of a prior custody order. Under the best-interest-of-the-child amendment, the military parent has the right to revert to the custody order in place before the deployment, within a set time upon his or her return from deployment, unless the non-deployed parent shows proof that this would not be in the best interests of the child. The burden of proof is, however, on the non-deployed parent.
And also under the Servicemembers Civil Relief Act, courts cannot permanently alter existing custody orders while a custodial parent is unavailable due to military duty. The deployed military parent can petition the court to delegate visitation to a third party in his or her absence.
Military custody issues can be a complicated matter, and an experienced family lawyer can help protect your rights.