Some military personnel may wonder how Courts would view their military service if they were involved in a child custody dispute. In Adams v. Bracci (2012 N.Y. Slip Op. 00143, New York Supreme Court, Appellate Division, Third Department, January 12, 2012), the New York Supreme Court’s Appellate Division (the first level of appeal in New York State) decided a case in which the child’s best interests were served by an award of sole custody to a military service member who wished to relocate for the military.
The decision was based upon the benefits of remaining in the military for the parent, who was required to move. The military provided economic stability and benefits such as health insurance. The Court also based its decision upon the fact that the military employment involved daytime hours. Daytime hours allows a schedule that coincides with a child’s usual schedule of hours.
Another issue in this case was a finding that the non-military parent was not working with the military parent to foster the military parent’s relationship to the child.
