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Does My Active Duty Status Affect My Child Custody Rights in Texas?

Posted on in Child Custody

b2ap3_thumbnail_shutterstock_754746535.jpgIf you are thinking about getting a divorce in Texas, but you are also an active duty member of the military, you might be wondering how your active duty status will affect your child custody rights. It is important to recognize that each state differs in its legal approach to the custody rights of military parents. 

Active Duty Parents and Child Custody Rights in Texas

In Texas, parents are considered active-duty military parents if they meet one of three circumstances. According to Texas Family Code 153.701, the law regards military service in the following ways: 

  • Temporary military duty 

  • Military mobilization 

  • Military deployment

If any of these situations apply to you, then you are regarded by the state of Texas as an individual who is actively partaking in military service. Your active duty status will not work against you in the fight for child custody, whether you are seeking full custody or shared custody. 

Your service may interrupt your ability to always be home and parent your child in person, but being in the military does not inherently mean that your child custody rights are minimized. A divorce lawyer can let you know what to expect in detail as a parent who is getting a divorce while actively involved in military service. 

Temporary Orders For Active Duty Military Parents 

As a parent with an active duty status, it will help to familiarize yourself with the concept of a temporary order. In Texas, temporary orders are often filed when active duty parents are deployed for military service, including the three aforementioned situations. 

Essentially, a temporary order is just that: it grants temporary rights to the person who is filing the temporary order, whether that be the child's other parent or a nonparent who is willing to become legally responsible for the child temporarily. 

To better understand the extent of the connection between military service and custody rights in Texas, it is best to get in contact with a divorce attorney. Family law lawyers will ensure that the orders being filed in your absence due to deployment are temporary. When you return, your attorney will also make sure that the orders are dissolved and that the original custody arrangement is reinstated. 

Contact a Plano Family Law Attorney Today 

If you are going through a divorce or simply thinking about starting the process, a Collin County family law attorney can guide you through the steps of filing for divorce and pursuing custody of your children while in the military. Start by calling 972-422-2424 and speaking with Law Office of Brian Bagley as soon as you are able. 

Source:

https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/Publications/military-parents.pdf 

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