How Do Family Courts Address Child Custody for Military Parents?

 Posted on August 26,2024 in Child Custody

When parents with minor children divorce, they need to establish a child custody agreement that addresses how much and when each will have parenting time with their child. The goal of the plan — and the court — is to have a custody plan that is in the best interest of the child.

While every family may have their own unique needs and there is no "standard" plan to follow, military parents may face especially unique issues because of their deployments. If you are a servicemember involved in a custody case, make sure you have a seasoned Texas family lawyer advocating for your parental rights.

The Impact of Military Deployment

A servicemember may be deployed several states away, across the country, or even across the world. The average military deployment can be anywhere between six to 12 months long, which can be difficult for both the parent and the child. Although Texas does have its own child custody statute that the courts must follow, military parents are also afforded protection under certain federal statutes.

One of those statutes is the Servicemembers Civil Relief Act (SCRA). Under this law, servicemembers can request that any court action against them be stopped while they are deployed. They can request a stay for up to 90 days (or longer if needed). This protects the servicemember from being unaware of any child custody petitions or modifications filed by the other parent.

Another statute that protects servicemember parents is the Uniform Deployed Parents Custody and Visitation Act. This law provides a "level playing field" for parents who have no control over where or how long they are deployed. This Act ensures that a servicemember’s parental rights and parenting time will not be jeopardized because they are in service to the country.

Some of the protections under this law include:

• The court cannot hold past, present, or future deployments against the servicemember when deciding child custody.

• If the custodial parent is the servicemember and is deployed, the court cannot enter permanent modifications to change the current order. Any order to modify custody during the parent’s deployment is temporary and must end when the parent’s deployment ends, and the current order will be reinstated.

• If the parent is deployed, they are allowed to participate and testify in hearings via video or telephone.

• If a parent is deployed, Texas is one of 38 states that allow the parent to delegate their parenting time to another party (i.e., a grandparent).

Military Family Care Plan Requirement

Each branch of the military has its own requirements for its servicemembers when it comes to deployments. Although each branch has its own specific rules, all require a Military Family Care Plan be put in place for members with minor children under the following circumstances:

• If both parents are members of the military

• If the servicemember is a single parent and has custody of the child

• If the servicemember is the sole caretaker of the child

The Military Family Care Plan is separate from the child custody order that is issued by the court. Whatever details the servicemember includes in the plan should adhere to their current custody order.

Contact a Collin County, TX Child Custody Lawyer for Legal Assistance

If you are a servicemember facing child custody issues, make sure your parental rights are protected. Call Pfister Family Law at 972-954-6455 to schedule a confidential consultation with one of our Prosper, TX, child custody attorneys and learn what legal options you may have.