How does Texas child custody and visitation work when a parent is in the military and deployed far away?

As a Georgetown child custody attorney at the Todd Law Firm, I have helped many clients who serve in the military with their family law matters. If you are in the military and duty calls you far away, you or the other parent can ask the court to issue temporary orders that will be in effect until you return.

Custodial Parent

If you are the custodial parent, you can ask the court to name a temporary custodial parent until you return. If it is in the best interests of your child, the court will name the other parent as the temporary custodial parent. In that case, you may name a friend or family member to temporarily exercise the same visitation the other parent had under the original possession order.

If naming the non-custodial parent as temporary custodial parent is not in the child’s best interest, you may suggest a person to fill that role. The court will determine if it is in the child’s best interest to name that person as the temporary custodial parent until you return. If the court decides the person you named is not in the best interests of the child, the court will decide who will be the child’s temporary custodial parent.

Non-Custodial Parent

If you are the non-custodial parent, you can choose a friend or relative to temporarily take over visitation until you return. Child support is still your responsibility. However, if military deployment causes you to make less money, the court may temporarily change the amount of your child support while you are away.

Parents can ask the court to temporarily change child custody and visitation while they are away on military duty. In addition, they can ask the court to give them extra time with their child when they return to make up for some of the time they missed. As a Georgetown child custody lawyer, I have handled hundreds of family law cases. I can guide you through the divorce and child custody process in order to achieve the best possible outcome. If you need help with a family law matter, contact me, David Todd, at 512-472-7799. You may also wish to download a free copy of my book The 5 Deadly Mistakes That Can Wreck Your Texas Divorce Case for more information.