Child Custody During Active Military Duty

 Posted on February 23, 2026 in Military Divorce

Child custody can be difficult even in the best of circumstances. For military parents, active duty and child custody can be a very difficult balance to strike. Staying involved in your child's life during deployments, relocations, and unpredictable schedules is a real challenge.

If you are a service member or co-parenting with one, a Denton County child custody lawyer can help you understand how active duty affects child custody in 2026.

How Does Active Military Duty Affect Child Custody?

Military life creates real complications for standard custody arrangements. Courts in Texas and across the country are familiar with these challenges, but the day-to-day reality can still be hard to manage.

Some of the most common issues military families face include:

• Deployments that take a parent away for months at a time
• Frequent relocations that may put distance between a parent and child
• Last-minute changes to schedules due to military orders
• Limited phone or internet access during certain deployments
• Not being able to go to school events, doctor appointments, or hearings in person

What Legal Protections Exist for Military Parents?

Federal and state law both offer protections for service members involved in custody cases. Texas family courts recognize that military service cannot and should not be used as the only reason to reduce a parent's custody rights. Under the Texas Family Code, a court cannot penalize a parent solely because of their military service when making custody decisions. Other protections include the following:

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) is a federal law that protects active-duty military members in civil legal proceedings. Under the SCRA, a service member can request a delay, or "stay," of court proceedings if their military duties prevent them from participating. This means a custody hearing will not move forward without you just because you are deployed or otherwise on active duty.

The SCRA also protects against "default judgments." A default judgment is when a judge makes a decision without your input if you fail to show up to court or respond to paperwork within the legal time limit. If you are served with custody papers while deployed and cannot respond in time, the court must appoint an attorney to represent you before moving forward.

Texas Family Code Protections

Texas law adds another layer of protection. The Texas Family Code allows for "expedited hearings" when a parent has an upcoming deployment. This means a court can act quickly to set a temporary custody order before you leave, so your parenting rights are clearly defined while you are gone.

Temporary orders entered because of deployment must be revisited when the service member returns. A deployment cannot be used to permanently reduce your parenting time.

Military Family Care Plans

The military also requires service members to create Family Care Plans. These are documents that outline who will care for your children while you are away. Texas courts consider these plans when evaluating custody arrangements. Having a solid Family Care Plan shows the court that you have thought carefully about your child's well-being, even during an absence.

Remember that a Family Care Plan is not the same as a parenting plan. Parenting plans are the long-term co-parenting outlines that determine custody and visitation time with your kids. Family Care Plans are specifically for military-related emergencies or deployments.

What Should Be in a Parenting Plan for Military Families?

A strong parenting plan is especially important for military families. Because schedules can change quickly, the plan needs to be flexible and not vague. A well-written plan can reduce conflict and keep the focus on your child.

Here are some key things to include:

• A clear schedule for regular custody and visitation periods
• A predetermined process for notifying the other parent about deployments or relocations
• Provisions for virtual visitation when the servicemember is gone, including video calls or messaging apps
• A plan for how major decisions about education, healthcare, and activities will be handled during service member absences
• Guidelines for how custody time will be made up or changed after a deployment ends
• A system for solving problems without going back to court every time something changes

The more detail your parenting plan includes now, the less room there is for fighting later.

Call a Frisco, TX Child Custody Lawyer Today

Military child custody cases are complicated. Getting them right takes careful planning and someone who understands Texas and federal military divorce law. At The Law Office of Linda Risinger, our mother-daughter attorney team brings over 30 years of experience in Texas family law to your case. 

We are local to the area, focused on getting the best results possible while keeping costs in mind, and we offer free consultations. Call our Denton child custody attorneys at 972-294-6533 today to schedule.