How Child Custody Typically Works in a Military Divorce

Child Custody in a Military Divorce

The Impact When One or Both Parents Are Active-Duty Service members

Child custody in a military divorce often becomes complicated, especially when one or both parents serve as active-duty military. The situation intensifies when one parent transfers to a new duty station or the parent with custody receives a reassignment. Does the court need to grant permission to relocate?

The Impact of Military Service on Child Custody Matters

While the estimated rate of divorce in the military…about 3%, according to some statistics…may seem low, it’s actually higher than many other occupations. The bulk of those individuals are under the age of 30…about 75% and many of those soldiers have minor children in the home. Divorce issues, including custody and visitation, are governed by state laws. Some of those states may require court permission before a parent relocates, even if the parent is in the military. A number of states encourage or even require certain types of travel to ensure access by both parents to the children.

The bottom line—a service parent is just like any other parent, with rights and responsibilities. In Texas, as in most states, courts prioritize the child’s best interests in custody and visitation arrangements, encouraging time with both parents unless it unduly burdens the child.

The parents cooperatively work out the best custody and visitation arrangements in military divorce cases. However, even when they reach an agreement, the courts may intervene to ensure there is no undue influence or duress.

Come to Graham Family Law for Experienced Counsel in Child Custody in a Military Divorce

At Graham Family Law, we bring more than 100 years of combined 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. Highly respected within the legal community, we negotiate 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, Comal and Guadalupe counties, as well as the municipalities of Cibolo, McQueeney, Marion, Santa Clara, New Berlin, Kingsbury, Staples, Redwood, Zuehl and New Berlin

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