For many of us, July brings visions of family picnics, warm summer nights, and fireworks. But for military families, July often signals something far more disruptive to their lives – PCS season.
Permanent Change of Station orders are routine for military families, but when parents are separated or divorced with custody agreements in place, they can turn a family’s life upside down. If you’re facing a PCS move this summer or co-parenting with someone who is, understanding how these orders impact child custody will be critical.
What is PCS, and Why is July So Important?
PCS, or Permanent Change of Station, refers to a service member’s relocation to a new duty assignment. These moves are a mandatory part of military life and often occur every few years. While they can come at any time, the summer months, and especially July, are the most active since they align with school breaks. This makes it easier for families with children, allowing them time to settle into their new location before the next school year.
But just because the timing works doesn’t mean it’s easy emotionally or legally. For parents who are separated or divorced, a PCS move can disrupt carefully negotiated custody arrangements. Suddenly, something that once worked now becomes impossible across state lines or international borders.
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Understanding Potential Complications During a PCS Move
When PCS orders arrive, they don’t just signal a new duty station. A military move often triggers legal considerations that must be addressed before packing a single box.
1. Your Relocation May Require Legal Action
When you receive PCS orders, the clock starts ticking, and you have a set amount of time to report to your new station. This means legal actions like custody modifications or relocation requests need to happen quickly, considering this deadline.
If you share custody, you can’t just move your child to a new location, even if your orders come from the Department of Defense. Most custody agreements include relocation provisions, and courts take them seriously.
If your move would take your child out of state or more than the stated distance away, you will need to get either the other parent’s written consent or court approval. Failing to do this isn’t just a paperwork issue: it’s a serious matter that could have legal consequences.
2. The Best Interests of the Child Standard Still Applies
While you may assume that if you’re ordered to relocate by the government for your military career, the family court system will automatically allow your child to accompany you, that’s not always the case. Family judges don’t consider what is best for the parent when children are involved. Instead, custody decisions are weighed against what is in the child’s best interests.
The court will want to know if the child will have access to a quality education. Will they be able to maintain a relationship with the other parent? How stable will their environment be? These are all factors the court will consider when making a relocation decision. In other words, a parent’s military status will not override the court’s need to protect the child’s long-term emotional and developmental well-being.
3, Long-Distance Parenting Plans Will Be Essential
If the court does approve a relocation, your parenting plan will need to be modified. Long-distance parenting plans must be carefully tailored to account for various factors, including time zones, school holidays, and any specific communication needs.
Some parents arrange for extended visitation periods over the summer or during school breaks. You may need to consider tools such as regular video calls, email communication, and travel coordination to keep the bond between your child and the noncustodial child stable and strong. Courts will also need to address who will bear the costs of travel and how transitions will be handled, especially for younger children.
Considerations if You are the Service Member
Being ordered to move is stressful enough, but it can be even more emotional when it affects your relationship with your child.
If you are the parent receiving PCS orders:
- Start communicating early with your co-parent. As soon as you receive a notice of relocation, keeping your co-parent informed demonstrates goodwill and a willingness to cooperate, which can prevent future conflict.
- Consult a family law attorney immediately. You may need to file for a custody modification, especially if you plan to take the child with you. You will need to demonstrate to the court that the move serves your child’s best interests and that you have a well-conceived plan in place.
- Be prepared. Proposing a long-distance parenting plan to the court will require that you show how you’ll ensure your child maintains a consistent and healthy relationship with the other parent despite the distance.
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Considerations if You are the Non-Moving Parent
Watching your child potentially move far away can be heartbreaking for a non-moving parent. If your co-parent is facing a PCS move:
- Understand your rights. You have the right to contest your child’s relocation if it would significantly alter your ability to spend time with them or if it would negatively impact their well-being.
- Actively participate. Don’t wait to be contacted. Get legal counsel and show up in court prepared to explain your role in your child’s life and how a move would affect them.
- Show stability. If your child has strong ties to their school, community, and extended family, this can significantly weigh in court decisions, especially if you can provide continuity while the other parent relocates.
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Understanding Military-Specific Custody Protections
Fortunately, there are federal laws that acknowledge and protect the unique attributes of military life. A few key protections that can support your rights as a parent during PCS season include:
- The Servicemembers Civil Relief Act (SCRA) helps ensure military service members can’t be penalized for being unable to appear in court due to active military duty. If you are deployed or unavailable due to your military obligations, you can request a stay or delay in custody proceedings.
- Expedited hearings are sometimes available for military families with upcoming moves, allowing issues to be resolved before a relocation occurs.
- Some states also prevent permanent custody changes during deployments to avoid unfair penalization when a parent is serving.
These legal protections recognize the demands of military service and aim to prevent service members from being unfairly disadvantaged in custody matters. Knowing your rights under military-specific laws can make all the difference when navigating a PCS-related custody challenge.
Important Tips for Navigating PCS and Custody
Whether you’re the relocating or non-relocating parent, taking a proactive approach can be critical. Here are several strategies to help you get in front of the matter and ease the transition.
Don’t Wait!
As soon as you suspect a PCS move may be happening, begin preparing. Early legal consultations can help you anticipate and address potential problems.
Keep Everything Documented
Save all communications with your co-parent, copies of court orders, and any custody-related documents. These can serve as evidence to support your position and demonstrate your good faith by maintaining clear and respectful communication. If a disagreement arises, your documented interactions can help protect you from false claims or misinterpretations.
Focus on Cooperation
Courts appreciate parents who prioritize their child’s needs over their own personal grievances. Cooperate and be open to compromise, when possible, to show your willingness to do what is best for your child.
If You are Facing a PCS Move, You’re Not Alone – We’re Here to Help
PCS moves are a fact of life for military families, but they shouldn’t derail your custody rights or your relationship with your child. Whether you are the parent who is relocating or the one staying behind, understanding your legal rights and responsibilities is the first step toward creating a more stable future for yourself and your family.
At Melone Hatley, P.C., we understand the challenges of co-parenting through military life. Our experienced military law attorneys are proud to support our military service members and their families through the legal complications of PCS season and beyond. From custody modifications to relocation hearings, we are here to advocate for what’s best for you and your children. Call us today at 800-479-8124 or schedule a free consultation through our website with one of our Client Services Coordinators.
Schedule a call with one of our client services coordinators today.
