How Child Custody Typically Works in a Military Divorce


The Impact When One or Both Parents Are Active-Duty Servicemembers

Child custody issues can often be complicated, but even more so when one or both of the parents are active-duty military. What happens when one of the parents gets transferred to a new duty station? What if the parent with custody gets reassigned? 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 virtually every state, the court will ultimately try to put custody and visitation arrangements in place that give priority to the best interests of the child. While the courts typically seek to promote and encourage time with both parents, they will be reluctant to do so if it places an unreasonable burden on the children.

The best custody and visitation arrangements in military divorce cases are those that are cooperatively worked out by the parents. Even when there is agreement, though, the courts may get involved to ensure that there’s no undue influence or duress involved.

Come to Graham Family Law for Experienced Counsel in Military Divorce Matters

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to 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, Comar 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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