Why Legal Advice Is Crucial for Relocation in Fort Campbell?

A military divorce can be particularly complicated and difficult to process without experienced legal help. The last thing you want is to end up being taken advantage of because you were unprepared for your case. The decision to get divorced and end your marriage is difficult enough without taking into consideration child custody and complex issues unique to a military divorce. It’s important to understand why legal advice is crucial for relocation in Fort Campbell.

The legal team at Mathis, Bates & Klinghard PLLC has helped many military families navigate the complexities of divorce and work out agreements for child custody and relocation. The process can be difficult and emotional outside of military jurisdiction. The added complexities of military law can make your case very hard to work through unless you have an experienced military divorce lawyer who understands how military jurisdiction can affect your situation.

Why Legal Advice Is Crucial for Relocation in Fort Campbell

Legal advice is crucial for relocation in Fort Campbell because you won’t be able to relocate without winning your case, and winning your case may be very hard to accomplish without an experienced family law attorney. Active duty service members are protected from civil cases under the Servicemembers Civil Relief Act (SCRA), which provides added legal and financial protection to those who are protecting the nation’s freedoms. This includes divorce cases.

Under the SCRA, the family court cannot enter a default judgment against them in divorce court. That means the spouse at home cannot be granted a divorce while their military spouse is deployed and unable to state their case. This also applies to relocation cases. The spouse at home cannot file a motion for relocation while their active-duty spouse is deployed. The case will have to be put on hold until the spouse returns from their deployment and is able to state their case.

The divorce rate for service members is higher than for civilians, at roughly 4.8%. Many of those divorces had to deal with custody arrangements. Those arrangements may no longer be favorable, and the custodial parent may be looking to relocate. If you are taking the divorce hard, you may want to reach out to a local support group, such as the Relocation Readiness Program in Fort Campbell.

How Judges Decide Relocation

Even if you have to deal with the complications of military laws regarding your divorce and post-divorce modifications, it will still be up to the judge presiding over your case to determine whether relocation should be granted. The judge will not take this decision lightly and must ultimately do what they believe is right for the child’s welfare. Here are some of the major elements the judge is going to consider before deciding whether or not to grant your request:

• Your child’s interests. Above all, the most important deciding factor regarding relocation is what the child needs. The court will prioritize your child’s stability over your needs or your former spouse’s needs. If the judge determines that a drastic move will negatively affect the child’s welfare, they will likely refuse to grant you the relocation.
• Your child’s wishes. If your child is old enough to have a say in what they want, the judge will likely consider their wishes when determining the outcome. Kentucky doesn’t have an official age for a child to be heard, but the judge will more than likely hear them if they appear to be mature enough to understand the effect their decision will have.

FAQs

Q: What Is the Transition Assistance Program at Fort Campbell?

A: The Transition Assistance Program (TAP), which is available at Fort Campbell and many other military installations across the country, is a program designed to help service members prepare to transition back into civilian life. The program provides them with job training, educational resources, and the knowledge they need to start building a new career. The program is available to all eligible service members, including military civilians and retirees.

Q: Why Is Fort Campbell Important?

A: There are many different reasons why Fort Campbell is important. One of those reasons is that Fort Campbell is home to the U.S. Army’s most deployed contingency forces. It supports a significant military population and is home to many military families. Fort Campbell has a substantial economic impact on the towns and cities surrounding it in both Kentucky and Tennessee.

Q: Do I Need a Lawyer for a Child Relocation Case?

A: Yes, you should seriously consider hiring a lawyer for a child relocation case, especially if the case involves the military. You may not be prepared to handle such a case on your own, and if you aren’t properly prepared, you could lose your chance at relocation and even possibly have your custody reduced. You shouldn’t risk it. Hiring the right lawyer may be the most important decision you make for your case.

Q: What Happens If the Other Parent Won’t Accept Relocation?

A: To relocate in Kentucky, both parents have to sign off on it, as well as the family court. If the non-custodial parent objects to the custodial parent relocating their child, the matter may go to trial, and you will have to prepare a case that supports your bid for relocation. The judge will ultimately decide based on the interests of the child.

Reach Out to an Experienced Relocation Lawyer Today

When you are dealing with the fallout of a military divorce and struggling to make a bid for relocation, the most effective thing you can do for your case is hire the right lawyer. You will need consistent legal advice throughout this ordeal as you fight to make sure your child is taken care of.

The legal team at Mathis, Bates & Klinghard PLLC realizes how complicated these cases can get. We are prepared to help you build a strong case that supports relocation. Contact us to speak with a valued team member about a potential consultation. With our legal team on your side, you can trust that you are getting quality legal advice.