When you’re in the military, you have to pack up and move when Uncle Sam issues you new orders. That can cause hardship on military families, particularly when divorce enters the picture. Service members, therefore, often try to obtain a modification of their custody or time-sharing agreement.

If the judgment has occurred, service members will find it more difficult to get a modification. There are two requirements that a request for a modification has to meet. The person requesting a modification must:

·         Prove that she or he has had a material and substantial change in circumstances.

·         Prove that granting a modification would be in the children’s best interest.

Courts will only rule in favor of a modification if the service member’s change in circumstances was unexpected when the court issued the final judgment.

How can a member of the military get help with modifying the parenting plan?

Start by finding an attorney who has extensive experience handling military divorces. A well-prepared parenting plan can keep problems from surfacing later on.

Your attorney may suggest a long-distance time-sharing plan. This will give you a contingency plan that will take effect until the court rules on the modification. In Florida, as well as some other states, the law will not provide temporary relief after the final judgment unless an emergency arises. Without a contingency plan, you must wait until the court provides the modification.

You should insist that your attorney include the long-distance time-sharing schedule should be spelled out in the final judgment’s stipulations. Of course, if the military parent is overseas, the schedule for the time-sharing plan would have to change. Yet if the military member lives just a few hours from the children, the schedule can remain as is.

If you’re thinking about getting a divorce, it is imperative that you have expert counsel to represent you. If you get the contingency plan included in the time-sharing agreement prior to the final judgment, you demonstrate to the court that you want to be part of your child’s life.

An expert military divorce attorney can help you conquer the challenges of being a parent and being in the military. Call an experienced family law attorney today.