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 Military Transfer on Custody and Visitation

Your marriage has ended in divorce and your ex is on active duty with the U.S. military. You have minor children in the home, but custody and visitation have been worked out. Then, as frequently happens in the armed forces, your ex receives notice of a transfer of duty station, perhaps on the other side of the country or the other side of 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.

State law generally determines custody and visitation. Several states have adopted the UDPCVA to address custody in military divorces during relocations. 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, though, courts do not consider military deployment a material and substantial change. The court may consider temporary orders but will prioritize the best interests of the children when deciding changes to custody or visitation.

Let Graham Family Law Protect Your Rights throughout a Military Divorce

Know the affect of a military transfer on custody and visitation and let Graham Family Law guide you. We offer over 100 years of combined experience in divorce and family law to San Antonio and nearby communities. 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: 

• Military Child Custody and Visitation
• How will a Change of Duty affect Custody?