The Air Force Now Considers Child Custody Arrangements in Active Duty Assignments

Posted by Joseph Lento | Oct 02, 2020 | 0 Comments

Child custody arrangements are often a complicated and messy affair. For parents in the military, it is incredibly difficult to deal with custody issues from afar. But there is some good news for active military members. A new Air Force rule allows members who have court-ordered child custody arrangements to request to be stationed near their children.

The rule went into effect in August 2020 and is already impacting assignment decisions. A Luke Air Force Base airman recently received the order to move to a different Air Force Base in Florida to be closer to his son. Here's what you need to know about the decision and how it will impact child custody arrangements moving forward.

The New Air Force Policy

The Air Force recently implemented a new rule that allows its members to request assignments near their children or attempt to defer assignments that would take them far away from their children. The policy went into effect on August 17, 2020 and will impact future assignment decisions. Previously, the Air Force did not take child custody arrangements into account.

For the rule to apply, service members must have a court-ordered child custody agreement and be named a parent by the court. Although the Air Force will take child custody agreements into account, they do not promise to accommodate all assignment requests. The Air Force cautions that they base assignments on their needs and availability.

Child Custody Agreements in Pennsylvania

Parents in the military enjoy many protections under Pennsylvania law. Pennsylvania Title 4109 states that courts cannot change custody orders while a parent is absent due to military duty. The court can issue a temporary order that grants a parent custody, but the original custody arrangement resumes once the deployed parent returns.

Pennsylvania law also prohibits courts from considering deployment as a factor in custody arrangements. Although the court cannot modify custody orders during deployment or active duty, Air Force members may file to change custody agreements once they are home.

Custody issues are complicated and require an extensive knowledge of the law. An attorney can help you coordinate arrangements and present your best case for child custody. They know the ins and outs of the law and can help mediate disputes in the courtroom.

An attorney can also ensure that custody modifications do not infringe on your rights. The new Air Force rule may make custody disputes more complicated for service members. Don't let your service come between you and your children. An experienced attorney can protect your rights and work to get the best possible outcome in your case.

Your Child Custody Attorney

If you are in the military and have a custody dispute, our Family Law Team is here to help. The LLF Law Firm is experienced in fighting for the rights of service members and pushing back against unfair custody agreements. Contact LLF Law Firm today to schedule a consultation at 888-535-3686.

About the Author

Joseph Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in Pennsylvania New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!


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