How Will a Change of Duty Station Affect the Children of a Divorce?

The Affect of a Military Transfer on Custody and Visitation

The Affect of a Change of Duty Station on Custody and Visitation

Your marriage has ended in divorce and your ex is on active duty with the U.S. military. You have worked out custody and visitation while having minor children in the home. Then, as often occurs in the armed forces, the military transfers your ex to a new duty station, possibly across the country or the world. How does that affect custody and visitation? What can be done to ensure that the children have meaningful access to and time with each parent?

How Is Custody and Visitation Governed When a Military Spouse Relocates?

Statistics indicate that members of the military are often at greater risk of divorce than civilians. One of the factors most commonly cited is the frequent relocation of military personnel, estimated to be about every 24 to 36 months.

As a general rule, custody and visitation are determined by state law. Several states have adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) to address the unique circumstances of one spouse serving on active duty with the U.S. military, establishing the rights of parties to a military divorce during relocation. Texas has not adopted the UDPCVA.

In Texas, a parent may seek to modify an existing custody and visitation order when there is a “material and substantial change of circumstances” that supports a revised custody and visitation arrangement. Under Texas law, however, courts do not consider military deployment a material and substantial change.

The Affect of a Military Transfer on Custody and Visitation and how Graham Family Law can help

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. Our skilled trial attorneys protect your rights before a judge and jury. The legal community also respects us for negotiating effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of Christine, Jourdanton, Kyle, Buda, Dripping Springs, Wimberley, Driftwood, Hays, Woodcreek, Canyon Lake, Bulverde and Garden Ridge

Related reading:

• Understanding Benefits: Will My Wife Keep Military Benefits After the Divorce Is Final?
• Granting Relatives Temporary Custody while Overseas