Military family law cases present unique challenges, especially when servicemembers and veterans are navigating cross-state disputes, particularly in matters of child custody. Many individuals pursue modification and enforcement proceedings in Texas without fully understanding the jurisdictional complexities involved. In this week’s discussion, we will delve into key aspects of military family law, including legal guardianship, the impact of military benefits, and other considerations specific to military families. Our goal is to provide clarity and guidance on navigating the complexities of family law within the military context.
Geographical distance compounds the challenges faced by military members in family law matters. Texas law delineates possession and visitation rules depending on proximity to children. Residing over 100 miles away significantly restricts access, exacerbating the strain on parents dealing with child support enforcement amidst family disputes.
Outstanding child support arrears pose particular problems for veterans, especially younger ones, who confront amplified employment difficulties compared to civilians. Coupled with lower education levels, these factors heighten the risk of falling behind on child support payments, creating a demanding situation.
Can you relate to this scenario—being a veteran or active-duty servicemember, contending with child support arrears amidst adversities? If so, the Law Office of Bryan Fagan, PLLC, is here to assist. In today’s blog post, we’ll explore this topic further, providing valuable information on resources and potential solutions to navigate child support and custody issues successfully.
Juggling Multiple Commitments
Consider that as a service member or veteran, you likely juggle multiple directions simultaneously. Your commitment to your occupation, country, family, children, and any other commitments that you have all take up your time.
Couple this with child support payments and other financial obligations, and you are in an unenviable position as far as commitments to your time and money. Add onto all of this the fact that your job is incredibly stressful, and you have a perfect combination for feeling like there is no escape from the difficulties of life, family, and work.
Specifically, there are challenges that you may be facing regarding legal guardianship and military benefits, considering the length of your deployments, stress related to service in the military, employment after the military, and the problems associated with having to move and relocate frequently. With all of these factors flying at you (sometimes all at the same time), it is no wonder that child support payments and legal issues are not at the top of the list of your concerns. While active-duty servicemembers often have assistance provided through the military, there may not be specific assistance for your particular needs.
Relocation, Station Changes, and Deployment Challenges
What makes military relocations unique is that, unlike civilian moves, you often don’t have a say in the matter. Relocating is part of your duty, and your personal preferences may not be considered. This can pose challenges when it comes to parenting your children, especially if they don’t live with you full-time.
If you’ve been to court before and have child support orders, you’re probably familiar with your monthly child support obligation, typically based on a percentage of your military income. However, changes in pay due to promotions or new roles can make meeting these obligations difficult. Conversely, if your income increases, the other parent may seek a court order for higher child support payments.
As an active-duty servicemember, it’s likely that your children don’t reside with you full-time, resulting in additional expenses related to visitation. This can be a significant change if you were previously stationed closer to your children. Changes in pay can also affect your ability to meet child support obligations.
Even if you have court-ordered visitation rights, it can be challenging to exercise them when stationed far away. Irregular schedules or distant training can make it difficult to adhere to specific visitation times, leading to negotiations with the other parent or missed opportunities.
When stationed away from your usual residence, you may need to arrange alternative accommodations for your children, as military regulations often prevent them from staying in barracks. These added expenses come in addition to your ongoing child support obligations, which must be fulfilled regardless of your military circumstances. If you’re stationed in another state, you may encounter multiple states’ child support orders, with jurisdiction typically based on where the initial order was issued or where your children reside.
Conclusion
In conclusion, military family law cases require careful attention to the unique circumstances that affect servicemembers and veterans, especially when navigating issues like child custody and jurisdictional challenges. Understanding the intricacies of legal guardianship, military benefits, and cross-state disputes is essential to ensuring a favorable outcome for military families. By seeking knowledgeable legal guidance, military families can better navigate these complexities and protect their rights and interests throughout the process.
Get the Legal Guidance You Need Today
This week’s discussion has covered important topics like legal guardianship and how military benefits factor into family law cases. By addressing these issues, we aim to offer practical insights and support to military families navigating the legal system. Our commitment is to provide comprehensive assistance to ensure the rights and interests of military servicemembers, veterans, and their families are protected throughout the legal process.
I hope that today’s blog post has been exciting and enlightening for you to read through. Please come back tomorrow to learn more about legal guardianship and military benefits and how life as a parent and servicemember can present problems for families.
If you have any questions about the subject matter we presented today, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations with licensed family law attorneys six days a week. It would be an honor to sit down with you to answer questions and address how our office can provide you and your family with assistance during difficult times.
Other Related Articles:
- How Long Do You Have To Be Married in the Military to Get Alimony?
- Recommendations for Military Families Facing Family Law Related Problems
- Is a Military Spouse Entitled to BAH?
- Military custody
- Modifying a child custody order: what you need to know
- Navigating Custody Enforcement in Texas
- Guarding the Truth: Chain of Custody-Affidavit
- International Child Custody Issues in Texas
- What is The Most Common Custody Arrangement in Texas?
- Navigating Texas Child Custody Disputes with Multiple Jurisdictions: A Comprehensive Guide
Frequently Asked Questions
A custody battle in Texas can vary in duration depending on various factors, including the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. It can range from a few months to over a year to reach a resolution.
Custody battles in Texas typically involve a legal process where both parents present their arguments and evidence regarding the best interests of the child. The court will consider factors such as the child’s relationship with each parent, their living arrangements, and their physical and emotional well-being when making custody decisions.
Texas law does not favor either parent when determining custody. The court’s primary focus is on the best interests of the child. As such, both fathers and mothers have equal opportunities to seek and obtain custody based on their ability to provide a stable, nurturing environment for the child.
Yes, it is possible to fight for full custody in Texas. However, the court will carefully consider various factors, such as the child’s safety, well-being, and the ability of each parent to meet the child’s needs. It is important to present compelling evidence and arguments to support your case for full custody.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
