September 18, 2025Author: Demian McGarry
September 18, 2025Author: Demian McGarry
In this episode of Attorneys Dedicated to Family Law, Curran Moher Weis attorney Demian McGarry dives into one of the most complex areas of family law: child custody when families are separated by state borders or military service. Drawing on his experience handling high-conflict divorce and custody cases, McGarry explains how interstate custody laws and military protections shape family law disputes, offering clarity for parents navigating these difficult situations.
At the heart of the discussion is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which standardizes custody decisions across state lines. McGarry breaks down how a child’s “home state” is determined, why it matters, and what happens when parents live in different jurisdictions.
For military families, the challenges are even greater. Deployments, relocations, and frequent moves can complicate custody arrangements. McGarry highlights the Servicemembers Civil Relief Act (SCRA), which provides deployed service members with a 90-day pause in legal proceedings, ensuring they are not disadvantaged in custody disputes while serving.
The episode also addresses relocation laws in Virginia, including the requirement for parents to provide 30 days’ notice before moving with a child. These moves can disrupt established parenting plans and lead to legal conflicts, particularly when parents disagree on what arrangement serves the child’s best interest.
Understanding jurisdiction is critical. The UCCJEA provides a legal framework to determine where custody cases should be filed, reducing the risk of conflicting orders from different states.
Military service often forces families into unique custody challenges. From long deployments to permanent relocations, McGarry stresses the importance of family care plans and open communication between parents to maintain stability for children.
McGarry concludes with actionable advice for parents facing complex custody disputes:
Know your child’s “home state” — it determines which court has authority.
Plan ahead for relocation — parents must provide required notice and consider how moves affect custody.
Understand military protections — the SCRA helps deployed parents pause proceedings and protect their rights.
Prioritize communication — sharing information and fostering long-distance relationships is essential for children’s well-being.
🎧 Attorneys Dedicated to Family Law is a podcast from Curran Moher Weis, featuring practical insights from their experienced legal team. In this episode, Demian McGarry, Esq., sheds light on the intersection of interstate custody law and the unique challenges faced by military families, helping parents protect their rights and their children’s best interests.
