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Military parents face unique hurdles when handling child custody cases. Deployments, frequent relocations, and unpredictable schedules can make it difficult to create a stable parenting plan. Texas courts focus on what works best for the child, which means service members must take extra steps to secure fair visitation rights. Visitation challenges for military families often come down to proving that a strong parent-child bond can be maintained despite long distances and time away. Understanding how Texas law treats military parents can help create a plan that works for everyone involved.
Texas Child Custody Laws for Military Families
Texas has laws that address visitation and custody for military families. These laws, along with your military status, play a major role in your family law case. Without preparation, you may struggle to achieve a favorable outcome.
Military service requires preparation and discipline. Before a mission, service members train extensively until their tasks become second nature. That same level of preparation applies to family law cases.
The Law Office of Bryan Fagan takes pride in serving military families. Whether you are on active duty, a veteran, or a National Guard member, you may face challenges in a family law case. Our attorneys provide honest guidance to help you make choices that serve your best interests and those of your family.
How Courts Decide Custody Cases
Child custody in Texas primarily refers to visitation and possession. While legal terms like “conservatorship” apply, many still use “custody” to describe these issues. Custody involves the rights, duties, and visitation schedule related to your child, excluding child support.
Courts focus on the best interests of the child when making custody decisions. Most family law cases settle before trial, but when a judge gets involved, this standard becomes the primary consideration.
Factors Courts Consider in Custody Cases
Judges look at several factors when deciding custody, including:
- The child’s current home environment
- The level of stability and consistency provided
- Who takes care of the child’s daily needs
- The presence of harmful influences like drug use or violence in the home
For military families, stability and consistency matter most. Military service is honorable, but frequent relocations and deployments create custody challenges.
Military Deployment and Custody Arrangements
Deployments add another layer of complexity to custody cases. If deployed to another country, you likely cannot take your child with you. Courts prioritize the child’s well-being, which often means keeping them in a stable home environment with the other parent.
How to Plan for Custody During Deployment
If deployment is expected, working with your co-parent to create a structured plan is essential. Consider:
- Temporary Custody Arrangements: Outline where your child will stay during deployment.
- Virtual Visitation: Use video calls, emails, and messaging to maintain contact.
- Make-Up Visitation: Schedule additional parenting time when you return.
- Third-Party Caregiver Designation: Allow a trusted relative to care for your child when you are unavailable.
If both parents agree on a plan in advance, it reduces confusion and helps the child adjust.
Types of Conservatorship in Texas
Conservatorship in Texas refers to the legal rights and responsibilities a parent has regarding their child. Courts generally grant one of two types:
Joint Managing Conservatorship
Texas courts typically name both parents joint managing conservators. This means parents share decision-making responsibilities for the child. Courts assume this arrangement benefits the child unless evidence suggests otherwise.
Sole Managing Conservatorship
A judge may name one parent as the sole managing conservator when shared decision-making is not in the child’s best interests. The other parent, known as the possessory conservator, has fewer decision-making rights and limited visitation.
Military service can lead to a sole managing conservatorship if frequent relocations or deployments make it difficult to provide stability. Courts prefer predictable custody arrangements over flexible schedules when a parent’s availability is uncertain.
Effective Parenting Plans for Military Families
Military parents can create structured parenting plans that address their unique situations.
Key Elements of a Military Parenting Plan
- Deployment Clauses: Outline temporary custody arrangements.
- Virtual Visitation Agreements: Set up phone or video call schedules.
- Make-Up Time: Include a provision for additional parenting time upon return.
- Family Support: Allow a trusted family member to assist with childcare.
For example, if deployment is expected, you and your co-parent can agree that your mother or another trusted relative will have extended visitation rights. When you return, you can receive make-up time with your child.
Communication During Deployment
Modern technology provides many ways to stay in touch during deployment. Courts recognize the value of virtual visitation, which may include:
- Scheduled video calls
- Messaging apps for daily check-ins
- Email communication
Even brief interactions help maintain a strong parent-child relationship. Negotiating these options in your custody agreement keeps you involved in your child’s life, no matter where you are stationed.
Modifying Custody Orders After Deployment
If your circumstances change after deployment, you may request a modification of your custody order. To modify a custody arrangement, you must demonstrate a material and substantial change in circumstances. Courts will also assess if the modification benefits the child.
Common Reasons for Custody Modifications
- Returning from deployment and being available for regular parenting time
- Leaving the military and transitioning to a civilian job with a stable schedule
- A shift in income that affects child support obligations
When you return home, you may want a more consistent visitation schedule. Filing for a modification allows you to adjust the custody arrangement based on your new circumstances.
Child Support Considerations for Military Parents
A change in military status can impact child support obligations. If your income changes significantly after deployment, you may need to request a child support modification.
Reasons to Modify Child Support
- A decrease in income after leaving active duty
- A new civilian job with a different pay structure
- Changes in the child’s needs and expenses
Courts base child support on current income levels, so regular reviews help maintain a fair arrangement.
Staying Proactive in Custody Cases
Military parents can balance their responsibilities while staying involved in their child’s life. While service may require temporary sacrifices, steps can be taken to maintain strong relationships with children.
The Law Office of Bryan Fagan works with military families on custody cases, modifications, and child support matters. Even if you are stationed outside of Texas, we can assist you remotely. Contact our attorneys to discuss your options and protect your parental rights.
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