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Modifications may be necessary following military divorce

Sometimes a marriage does not work out and divorce is inevitable. The process of dissolving a marriage is multifaceted and can seem overwhelming, but this is especially true for those going through a military divorce in Texas. Even after the divorce has been finalized, some areas, such as child custody arrangements, may still need to be addressed if circumstances change in a substantial way.

Military service members may encounter unique issues dealing with their duty-station changes or to their deployment. If a service member with primary custody ends up being deployed, this person or his or her co-parent may ask for a temporary order so that visitation or custody can be modified during the service member's deployment. The petition for modification needs to be filed in a civil court in Texas, not in a military court, as military courts are not authorized to handle these types of requests.

A custodial parent's deployment might not be grounds for the permanent modification of custody or visitation. However, the situation might warrant temporary changes, in which case courts can issue temporary orders. Courts always prefer for a parent to be the conservator or custodian unless it would not be in the best interests of the child to live with the other parent. In this situation, the parent who is deploying may designate someone to be a temporary conservator, or the court can appoint someone else to fulfill this role.

During a period of deployment, a noncustodial military parent who had visitation also might request that the court designate somebody to exercise his or her right to parenting time, such as a stepparent or grandparent. Then, when the deployment is over, the permanent order will be in effect again. A military divorce attorney in Texas can help you to get custody or visitation modifications made as needed in a manner that ultimately reflects the child's best interests.

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Jamie Graham & Associates, PLLC
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San Antonio, TX 78205

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