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How is child custody handled for a deployed military parent?

| Aug 17, 2020 | Child Custody |

There are many members of the Armed Forces in Texas. Just like any other family, there can be problems that lead to the couple parting ways and getting a divorce. This can result in the same custody and visitation issues that come up in any family law case. Still, there are unique challenges that arise for members of the military, especially if a custodial parent is ordered to deploy. For the military member and the non-military member, it is important to understand how custody and visitation is addressed in these circumstances.

Dealing with custody issues when the custodial parent deploys

Being in the military means that a person must be prepared to be deployed at any moment. When that individual has custody of a child, it can cause worry as to what will happen to the child during the deployment. There are ways to ensure the child is protected according to the custodial parent’s wishes. A temporary order is a way to do this. The state has a list of people who are in line to have temporary custody. It must adhere to the best interests of the child.

In general, it will be as follows: the noncustodial parent, a person who is named as the preferred custodian during deployment, or a person who is named by the court. The latter two will only be considered if leaving the child with the noncustodial parent is not in his or her best interests. If the custodial parent has deployed and the child is given to the noncustodial parent, the custodial parent can name a person to have visitation rights. That could be a new spouse, a grandparent or another relation. After the deployment is complete and the custodial parent returns, the temporary order will end and the case reverts to what it was before the parent deployed.

Legal advice for military parents and their spouses

Deployment is a part of the military life. This and other aspects of parenting in the military can be complicated. For those who are concerned about child custody, how their child will be cared for in the event of deployment or who have a disagreement with the other parent regarding these issues, it is imperative to be protected. Consulting with legal professionals experienced in family law and military cases may be a wise option to address the situation.