Divorce is hard on any family, but when one of the family members is in the military and might need to deploy at a moment’s notice, it is even more complicated. With the number of military members in or from Missouri, it is important to understand how certain factors related to a military divorce are handled once a parent deploys. Visitation and keeping the deploying parent and that parent’s family involved with the child is one such issue and it can be the foundation for a substantial dispute. Having legal assistance with these complex matters requires a law firm experienced in representing service members and their spouses.
When a deploying parent requests his or her visitation rights be delegated to another person, it is imperative to understand how the law handles such a circumstance. This can be done through a motion from the parent who is deploying or a family member with the consent of the deploying parent. The court has the right to delegate the visitation rights or part of those rights to a family member who has close and substantial ties to the child or children while the parent is deployed. This is contingent on the child’s best interests.
If the delegated visitation is granted, it will not go beyond the visitation that the deploying parent received under the current order. However, the court can consider travel time when the child is brought to the relative for the visitation. There is a rebuttable presumption regarding visitation rights to a family member with a history of domestic violence. When delegated visitation rights are granted, that person will have the right to enforce those rights.
Deploying and facing the unknown is difficult for a service member. When it impacts their ability to have visitation with a child after a military divorce, that compounds the emotional and personal struggle they are enduring. Fortunately, they can delegate a person to have the visitation rights. Understanding how state law addresses these issues is vital and a law firm that helps people with a military divorce and other aspects of a military family case can be crucial.
