For military parents, balancing service and family life often feels like walking a tightrope. That reality often becomes too much to bear and leads many of these couples to choose divorce. As sad as it is to admit the marriage will no longer work, the biggest question then becomes: “How do we handle child custody when one parent is in the military?”
Military deployment can involve one parent being sent to remote locations for months and even years. Even if both parents want to stay in the child’s life, they will naturally question how to navigate these decisions given their unique situation.
Texas Law Allows Flexibility for Military Parents
The first thing to realize is that Texas child custody laws are designed to consider the child’s best interests and each family’s unique circumstances. This is just as true for military service members as for everyday civilians. That said, it’s no secret that military service introduces unique challenges like deployments, relocations, and unpredictable schedules.
While every family law situation is unique and requires you to sit with a knowledgeable family law attorney, the best course of action may be temporary orders. For instance, the parents may have an existing custody arrangement when they are both present and not pulled away for active military duty. But when deployments enter the picture, you can request temporary orders to accommodate child custody without affecting long-term custody rights.
Perhaps the military parent could designate a grandparent to exercise visitation and/or care for the child until they return from duty. Depending on the existing child custody terms, there could also be modifications for how child welfare decisions are made.
What Happens After the Deployment Ends?
Under Texas Family Code 153.702(d), when the deployed custodial parent returns home after deployment, any temporary custody or visitation orders automatically end. Any temporary rights granted to the other parent or a designated guardian during the deployment will also cease.
Custody of the child reverts to the original court order without any delays or complications.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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