Military Post-Divorce Modifications

When circumstances change substantially, you may need to modify child custody, child support or spousal support arrangements. Modifications require changing a court order through the legal system. At Jamie Graham & Associates, PLLC, in San Antonio, our lawyers can discuss the changes with you, prepare the proposed modifications and submit them to the court on your behalf. If you want to prevent the other party from making changes to existing orders, we can educate you about your options.

Modifications For Military Service Members

Service members face unique issues related to deployment and changes in duty stations.

When a military servicemember who has primary custody is deployed, either parent can request a temporary order to modify custody or visitation during the period of deployment. The petition to modify must be filed in a Texas civil court and not a military court because the Military Family Care Plan does not authorize a military court to handle such requests.

Deployment of a custodial parent may not be grounds for a permanent modification, but clearly the situation may warrant some temporary changes and courts will issue temporary orders. Courts always favor a parent as the custodian or conservator unless it is not in the child's best interests to live with the other parent. Under these circumstances, the deploying parent can designate a temporary conservator or the court can appoint one. Modifications may also address who receives child support during this time.

During the deployment period, noncustodial military parents who had visitation (parenting time) can request the court to designate someone to exercise their parenting time rights, such as a grandparent or stepparent. At the end of deployment, permanent orders go back into effect. However, the deployed parent has 90 days after returning from deployment to ask the court for make-up visitation time.

Free Consultation About Changing Orders

Call 210-764-3468 or send an email to discuss your case with an attorney who has more than 30 years of combined experience handling military family law matters.