Join the Military and Lose Your Kids: An Exploration of the Adverse Effects of Military Service in Child Custody Determinations

Authors

Cortland T. B. Boechler

Document Type

Article

Abstract

Servicemembers do not lose their fundamental rights when they join the military, but in practicality, many lose their parental rights the moment they enlist. Many servicemembers lose custody because judges often interpret service and duty relocations as incongruent to the best interest of the child. Presumably, many judges lack the understanding that military service brings familial stability. That being the case, Congress should add a provision in the Servicemembers Civil Relief Act requiring judges to consider all the benefits of military service in the "best interest of the child" analysis. This solution gives military parents a fighting chance to keep their children. Otherwise, servicemembers must choose between their military careers or their children. Women are the most affected by this issue and are the most inclined to leave military service because of this issue. If Congress truly wants to protect and preserve its female force, then Congress needs to address the most egregious reasons for separation.

Recommended Citation

Cortland T. B. Boechler, Join the Military and Lose Your Kids: An Exploration of the Adverse Effects of Military Service in Child Custody Determinations, 51 J. Legis. 83 (2025).
Available at: https://scholarship.law.nd.edu/jleg/vol51/iss1/4