On behalf of The Law Offices of Mary Ann Beaty, PC posted in Military Divorce on Friday, April 29, 2016.

Any Texas divorce has the potential to be complicated and difficult, but when it involves a member of the United States military, there are other factors that come into play. Service members who have child custody and are heading for active deployment will undoubtedly worry about who will be granted custody of the child while away. This is what a temporary custody order can be done.

The military does not take part in this via the Military Family Care Plan. It must be through family civil court. When there has not been a court order to have a temporary change in child custody and the joint managing conservator is the noncustodial parent, custody will be granted to the noncustodial parent. There is a certain order that the state will use for who will be given temporary custody based on the situation and the child’s best interests. The order is: the noncustodial parent, a person selected by the custodial parent, or a person who is designated by the court.

If the court decides that the noncustodial parent will be granted custody during the deployment, the custodial parent can name a person who will have visitation rights while her or she is deployed. This can be a grandparent, a spouse or a different relative. It can be done when the order is in Texas and the conservator issues a petition for a temporary order due to military deployment, mobilization or duty that means moving a substantial distance from the conservator’s residence.

When the military deployment is over and the parent returns, the temporary order will be terminated and the rights of custody will revert to what they were prior to deployment. Considering the difficult nature of child custody for people in the military, it is important to fully understand how these issues are dealt with. Speaking to a legal professional experienced in military divorceand child custody can be useful in any situation related to these matters.

Source: texasattorneygeneral.gov, “Military Parents: Paternity, Child Support, Custody & Parenting Time — Temporary Custody & Visitation During Deployment, pages 7-8,” accessed on April 28, 2016