Child Custody During Active Military Duty

 Posted on August 09, 2024 in Military Divorce

Military service members face unique challenges when it comes to child custody arrangements. Active duty can involve frequent relocations, deployments, and unpredictable schedules, which can complicate custody agreements and visitation schedules. If you are a service member, a Texas lawyer can help you. It is important to understand your rights and options.

The Impact of Military Service on Child Custody

Active military duty can significantly affect child custody arrangements in several ways. Deployment often leads to extended periods away from home, disrupting established custody schedules. Frequent relocations may require modifications to existing custody agreements. The unpredictable nature of military obligations can make it difficult to maintain consistent visitation. Deployment to remote areas may limit regular contact with children.

Despite these challenges, Texas law recognizes the importance of maintaining parent-child relationships for service members. The state has implemented protections to ensure that military parents are not unfairly disadvantaged in custody proceedings due to their service.

Legal Protections for Military Parents

Texas family courts recognize the unique challenges faced by military parents in child custody arrangements. Several legal protections are in place to ensure fair treatment of service members:

Servicemembers Civil Relief Act (SCRA)

• Federal law protecting active-duty military members in civil proceedings

• Allows for stays of court proceedings during active duty

• Protects against default judgments while the service member is on active duty

Texas Family Code Provisions

• Prohibits courts from using military service as the sole factor in custody decisions

• Allows for expedited hearings when facing deployment

• Ensures prompt resolution of custody matters before deployment

Military Family Care Plans

• Required documents outlining care arrangements for dependents during a service member’s absence

• Considered by courts in custody decisions

• Demonstrates commitment to a child’s well-being during periods of absence

Strategies for Managing Child Custody During Active Duty

Military parents can proactively maintain strong relationships with their children and protect their parental rights. Here are some strategies to consider:

Develop a Detailed Parenting Plan

Crafting a comprehensive parenting plan is a must for military families. This plan should include a flexible custody schedule for potential deployments or relocations. Provisions for virtual visitation through video calls or other technology are important to ensure communication during periods of separation. The plan should also specify how major decisions about the child’s upbringing will be made during absences, providing clarity and reducing potential conflicts.

Maintain Open Communication

Open and consistent communication with the other parent is helpful. Keep them informed about upcoming deployments or changes. Discuss potential modifications to the custody arrangement in advance to avoid last-minute complications. Document all communication related to custody matters for future reference.

Use Military Resources to Your Advantage

Take advantage of the resources available to you as a service member. Consult with a military legal assistance attorney for guidance on custody issues specific to your situation. Many branches of service offer family support services that can provide valuable assistance in navigating the complexities of child custody while serving. These resources often include counseling, mediation services, and educational programs designed to help military families cope with the unique challenges they face.

Reach Out to a Frisco, TX Military Divorce Lawyer

Going through child custody issues while serving in the military can be stressful. If you are a military parent facing custody challenges, one of our Denton, TX mlitary divorce attorney can help. Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation to discuss your case and explore your options. Let us help you protect your parental rights while serving our country.