One of the most daunting challenges for military parents is handling child custody matters during deployment. It’s no longer business as usual, especially if it involves the primary custodial parent.
Understanding the legal framework and rights surrounding child custody in Texas is crucial to ensure the well-being of both the child and the deployed parent. Here is what to expect during military deployment in Texas if you share child custody.
Temporary custody modifications
The court cannot permanently change custody solely based on a military parent’s deployment. However, any parent or individual named in the custody order can request temporary orders to modify custody during the deployment period. This ensures that the child’s well-being remains the top priority while the parent is away serving their duty.
Determining temporary custody
In cases of temporary custody modifications, the court follows a specific order of preference. The first choice for temporary custody is typically the other parent with visitation rights, as stated in the existing order. This maintains stability and continuity for the child.
If living with the other parent is not in the child’s best interest, the court’s second choice is a person designated by the military parent. The third choice would be someone appointed by the court itself.
Temporary changes to support and visitation
During military deployment, the court may also make temporary adjustments to the existing child support and visitation orders. For instance, the court can temporarily change the party responsible for paying child support to accommodate the circumstances. Additionally, the military parent may request the court’s permission for a designated person, such as a grandparent or step-parent, to have visitation rights with the child while they are deployed.
Return to original orders
Once the military deployment ends, the temporary custody orders also end. Custody is then returned to the military parent, and the original child support and visitation orders resume their effect.
To help ensure a smooth transition during deployment and maintain strong parent-child relationships, reaching out for legal guidance on how things work is prudent. It will help protect your parental rights and your child’s well-being when you respond to the call of duty.