Custody and Support When One Parent Is in the Military

Parenting and Custody in a Georgia Military Divorce

Parenting after a military divorce can be challenging, especially when deployments or relocations come into play. Georgia law recognizes those challenges and provides specific protections to help service members and their children stay connected.

Custody During Deployment

Under the Georgia Military Parents Rights Act, courts can't issue a final custody order while a parent is deployed unless both parents agree. Without consent, the court must wait 90 days after the deployment ends before making permanent changes. During deployment, the court can create a temporary custody arrangement and may allow a deployed parent's parenting time to be shared with an extended family member. Once the parent returns, the original plan resumes.

Parenting Plans for Military Families

Georgia requires every custody case involving a military parent to include a detailed parenting plan. The plan must explain:

1. How the child will move into temporary custody during deployment,

2. How the child will stay in touch with the deployed parent (calls, video chats, etc.),
3. Whether parenting time can be delegated to family members,
4. How custody returns to normal after deployment, and
5. Why the arrangement supports the child's best interests.

A well-written parenting plan reduces confusion and helps the family stay consistent even when duty calls.

Child and Spousal Support

When calculating support, Georgia courts count base pay, drill pay, housing and food allowances, and retirement pay as income. VA disability also counts toward income, though it isn't divided as property. Each military branch enforces its own temporary family-support rules, so there's always a mechanism to ensure children are supported while a court order is pending.

Military families face unique obstacles, but Georgia law gives them tools to stay connected and stable. With a solid parenting plan and a clear understanding of how military income is handled, parents can protect their children's best interests—even when service obligations take them far from home.