Military relocation—commonly referred to as a Permanent Change of Station (PCS)—can have a profound impact on family law matters, especially in areas like child custody, visitation, and child support. These transitions, while essential to a service member’s career, often require legal modifications to existing family court orders and can present emotional and logistical challenges for families.
Whether you’re an active-duty service member or a co-parent of one, understanding how PCS orders intersect with family law is critical.
Child Custody and Visitation: A Complex Balancing Act
Disruption of Established Agreements
PCS orders can throw a wrench into custody schedules that have taken months—sometimes years—to establish. If one parent is relocated across the country (or even internationally), weekly visitation plans or shared custody may no longer be feasible.
Example: A joint custody arrangement in Florida may no longer work if one parent receives PCS orders to California or Germany.
Long-Distance Parenting Challenges
Relocation often creates significant physical distance between the child and one parent. Courts may modify custody to a sole or primary arrangement and craft detailed long-distance parenting plans that ensure the non-custodial parent retains meaningful contact—often through extended holiday visits, summer break custody, and regular virtual communication (Zoom, FaceTime, etc.).
Court Permission to Relocate with a Child
In many states, a military parent must obtain court approval to move with a child, especially if the move disrupts the other parent’s custodial rights. Judges evaluate relocation requests based on the best interests of the child, considering factors like:
- The reason for relocation (military obligation vs. personal preference)
- The child’s relationship with both parents
- Educational, social, and emotional impact on the child
- Ability to maintain relationships post-move
Note: Some states have special rules for military families regarding expedited hearings or temporary modifications during deployment.
Deployment-Specific Custody Changes
If a military parent is deployed for 90 days or more, they may designate a temporary guardian—such as a spouse, grandparent, or sibling—to assume time-sharing responsibilities. Courts can issue temporary custody orders to ensure stability for the child during the deployment period.
Child Support: Pay Structures & Adjustments
Variable Military Income
Unlike civilian jobs, military compensation includes a mix of base pay, housing allowance (BAH), cost-of-living adjustments (COLA), and deployment bonuses. When service members relocate to high-cost areas or are deployed, their income may fluctuate—leading to changes in child support obligations.
Example: A parent stationed overseas with hazard pay and elevated BAH may be required to pay more child support unless the court recognizes these increases as temporary.
Cost of Living Differences
Moving to a new duty station in a high-cost area (like Washington, D.C. or Hawaii) often results in increased housing allowances, which can affect child support calculations. However, courts typically look at base pay and consistent income when determining long-term support.
Legal and Jurisdictional Hurdles
Jurisdiction Changes
Relocation can complicate legal proceedings by shifting jurisdiction to a new state or even triggering multi-state custody disputes. Military families may have to navigate laws under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has authority over custody decisions.
Important: Just moving doesn’t automatically give the new state jurisdiction—you must meet residency and court filing requirements.
Servicemembers Civil Relief Act (SCRA) Protections
The SCRA provides legal protections for active-duty military personnel involved in civil legal actions. It allows service members to delay or pause court proceedings (such as divorce or custody hearings) if military duties prevent participation.
This ensures that a parent’s absence due to service doesn’t unfairly affect their legal standing or parental rights.
Emotional Impact on Families and Children
Military relocation affects more than just logistics—it deeply impacts family dynamics.
Stress and Emotional Disruption
Relocations, coupled with deployments, can create instability, anxiety, and emotional stress for both parents and children. Children may struggle with switching schools, losing friendships, and adapting to new routines, while parents face the burden of co-parenting across time zones.
The Importance of Communication
Co-parents must prioritize transparent, respectful communication. Tools like parenting apps (e.g., OurFamilyWizard), scheduled check-ins, and clearly defined expectations help reduce conflict and support the child’s emotional well-being.
Resources for Military Families Facing Relocation
Consult a Military Family Law Attorney
Military family law cases are unique and often involve layered legal issues. Whether you’re seeking to relocate with your child or you’re the parent left behind, working with an attorney who understands military-specific custody and support laws is critical.
Helpful Tools and Services
- Military OneSource: Offers confidential consultations and connects service members with local family law attorneys.
- State-Specific Legal Aid: Many states have programs for military families that offer free or low-cost legal help.
We’re Here to Help at the Law Office of James M. Burns
At the Law Office of James M. Burns, we understand the personal and legal complexities military families face during relocations. Whether you’re requesting a custody modification, navigating child support changes, or facing a jurisdictional dispute, our Pensacola family law attorneys are here to support you every step of the way.
Call us at (850) 457-6002 today or contact us to schedule a confidential consultation and get the experienced legal guidance your family deserves.