Military service is some of the greatest services a person can give to our country, but if a servicemember in the Austin area is divorced with a child, he or she may be concerned about how a deployment may affect his or her child custody rights. While state law varies with regards to protections afforded to deployed military parents, the following are four types of provisions states may have that protect a military parent’s child custody rights.
Three protections deployed parents may have under state law
First, in some states, military deployment, whether it is prior, current or future service, cannot form the sole basis for changing a child custody order that was established prior to the military parent’s deployment.
Second, in some states if a military parent is unavailable to appear at legal proceedings due to deployment, then no permanent orders modifying existing child custody arrangements can be made.
Third, in some states once a military parent returns from deployment, the custody order that was in place prior to the deployment should be reinstated unless it would undermine the child’s best interests. The burden of proving such reinstatement is not in the best interests of the child lies on the non-absent parent.
Seek legal advice if you have questions about child custody and deployment
Ultimately, while all states, including Texas, provide some protection for the child custody rights of deployed military parents, the specific protection varies between states. This post cannot serve as the basis for legal action in Texas, so deployed parents with child custody concerns will want to seek the advice of an attorney. Our firm understand the challenges deployed parents face, and we seek to find solutions that are in the best interests of both our clients and their children.