Military divorce with child custody in Colorado Springs requires a different approach than civilian divorce, especially with so many service members stationed at Fort Carson, Peterson Space Force Base, Schriever, Cheyenne Mountain, and the U.S. Air Force Academy. Balancing military duty with parental responsibilities presents unique challenges, but you don’t have to navigate them alone. At Perkins Law, we help military families protect their parental rights while keeping children’s well-being at the center of every decision.
How Military Divorce Differs from Civilian Divorce
When civilian couples divorce, the process generally follows Colorado state law without interference from federal rules or military regulations. Military divorce with child custody cases, however, involve both sets of rules—and that makes things more complicated.
Some key differences include:
- Jurisdictional complexity: Frequent relocations, overseas postings, or PCS orders can make it harder to determine where a divorce or custody case should be filed. Colorado has residency requirements, but special rules apply to military families.
- Federal benefits considerations: Military pensions, retirement pay, and TRICARE benefits require careful handling during divorce.
- Deployment impact: Parenting plans must account for deployments, training, and unpredictable schedules that affect custody.
- Legal protections for members of the military: The Servicemembers Civil Relief Act (SCRA) allows deployed parents to delay hearings so military service does not unfairly impact their custody rights.
If you’re facing these issues, Perkins Law provides the local insight and military-specific knowledge you need to protect your family’s future.
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Custody Challenges Unique to Military Families
Navigating the legal and emotional hurdles of military divorce with child custody can often feel overwhelming. Unlike civilian cases, custody decisions must adapt to military realities:
- Frequent relocations: PCS orders may take one parent across the country—or even overseas—making traditional custody schedules impossible.
- Deployment schedules: Extended deployments create stress for children and make shared parenting difficult to maintain without proactive planning.
- Jurisdictional hurdles: If parents reside in different states or countries, it can be challenging to determine which court has jurisdiction.
- Children’s emotional well-being: Children in military families may already face stress from moves and parental absences, and divorce adds another layer of difficulty.
Colorado courts recognize these realities, but local representation is crucial. Perkins Law has extensive experience helping Colorado Springs military families build custody plans that anticipate deployments while preserving meaningful parent-child relationships.
Financial Considerations in Military Divorce with Child Custody
Money is another area where military divorces differ from their civilian counterparts. Proper financial planning ensures children’s needs are met without leaving either parent unfairly burdened.
Key financial areas include:
- Military pay and allowances: Child support is calculated not just from base pay but also from Basic Allowance for Housing (BAH) and special pay.
- Retirement benefits: The Uniformed Services Former Spouses’ Protection Act governs how pensions are divided between service members and spouses.
- Healthcare benefits: TRICARE eligibility for dependents is limited after divorce, and continuation of coverage depends on the length of marriage and service overlap rules.
- Housing considerations: Service members may need to adjust family housing arrangements after divorce, impacting where children live and how custody schedules are structured.
Our team at Perkins Law helps you navigate these financial questions, making sure support calculations and benefit divisions are handled fairly and legally.
How Deployment Affects Custody Orders in Colorado
Deployment is one of the most pressing concerns for parents facing military divorce with child custody. Colorado law offers protections that prevent a parent from losing custody rights simply because of military service. Temporary custody modifications may be ordered during a deployment, but they are not permanent changes.
When the deployed parent returns, custody and visitation schedules are usually restored to the original arrangement. Colorado courts strive to ensure that a parent’s military duty does not unfairly harm their relationship with their children.
If deployment or training is part of your reality, Perkins Law can help you secure custody arrangements that reflect your service while protecting your parental rights.
Parenting Plans That Work for Military Families
A well-crafted parenting plan is the cornerstone of any custody agreement, and a military divorce with child custody requires even more flexibility.
Practical strategies include:
- Alternating extended breaks: Children may spend more time with a deployed parent during summer or holiday leave.
- Virtual visitation: Courts increasingly approve scheduled video calls or online chats to keep children connected to absent parents.
- Transition planning: Parenting plans should outline how custody shifts when a parent is reassigned to a new duty station.
Colorado Springs family court judges look favorably on parenting plans that are realistic, detailed, and child-centered. At Perkins Law, we draft custody agreements that hold up in court and work for families in the real world.
Child Support in Military Divorce with Child Custody
Child support is another critical issue that becomes more complex when one parent serves in the military. Colorado courts calculate support based on income, but for service members, this includes:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Special duty pay or deployment bonuses
Many parents are surprised to learn that allowances are part of the calculations for child support payments. Failing to include them can lead to disputes or unfair outcomes. You need a child support attorney who understands these military-specific nuances and can ensure that support calculations are accurate, protecting both your financial stability and your children’s well-being.
Modifying Custody and Support After Divorce
Life in the military is rarely static. A new duty station, deployment, or promotion can significantly change family circumstances. Fortunately, Colorado law allows custody and support orders to be modified when there is a “substantial and continuing change in circumstances.”
Examples include:
- A reassignment to another state or overseas duty station
- Significant changes in income due to rank advancement or retirement
- Shifts in a child’s schooling or medical needs
If your circumstances change after divorce, Perkins Law can help you petition the court for a modification that reflects your new reality.
Also from our blog: Emergency Custody Orders: When Immediate Action is Needed to Protect Your Child
Emotional and Practical Support During Divorce
A military divorce with child custody is not only a legal process but also an emotional journey. Families often need extra support to manage the stress. Some helpful resources include:
- Military Family Life Counselors (MFLC): Free, confidential counseling is available through your military base.
- Support groups: Military OneSource and local organizations offer programs for children of divorcing parents.
- Therapy for children: Professional guidance helps children adjust to new living arrangements and parental deployments.
By combining legal representation with emotional support, families can move forward more smoothly. At Perkins Law, we urge clients to utilize these resources as we navigate the legal challenges on their behalf.
Why Choose Perkins Law in Colorado Springs
When you’re dealing with military divorce with child custody, you need more than help with paperwork—you need a legal partner who understands both Colorado law and military culture. Perkins Law provides:
- Local military family insight: We regularly represent families from Fort Carson, Peterson, and Schriever who face the same challenges you’re experiencing.
- Strategic legal guidance: We anticipate deployment, relocation, and benefit division issues so your custody plan holds up under real-world conditions.
- Compassionate advocacy: We understand the emotional strain divorce places on families and fight for solutions that protect children’s stability.
- Experience in military-specific cases: From pensions to custody modifications, we are familiar with the unique laws that affect your case.
Many military families in Colorado Springs have trusted Perkins Law to protect what matters most. You can too.
Take the Next Step
Your service to our country should never cost you your relationship with your children. If you are facing a military divorce with child custody, Perkins Law is here to stand with you. Our divorce attorneys are familiar with both civilian and military child custody and support agreements – valuable knowledge that you need and deserve.
Schedule your confidential consultation today. We’ll help you create a custody plan that safeguards your parental rights and provides stability for your children—no matter where duty takes you.
