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Who assumes your parental role while you are on military duty?

If you are a divorced parent who also happens to serve in the military, then the possibility of your being sent far away from San Antonio for an extended period of time may be ever present. You may wonder what sort of implications a deployment, mobilization, or temporary military assignment may have in regards to your rights and access to your kids.

In cases where you will be gone on military duty, Texas law states the court will appoint a “designated person” to assume your parental rights and responsibilities during your absence. If you are the sole managing conservator of your children, then the appointment of your designated person will be determined in the following sequence:

  •          Your ex-spouse
  •          A person of your choosing (if naming your ex-spouse is not believed to be in the best interest of your children)
  •          A person appointed by the court (if the court finds that naming either your ex-spouse or your personal choice is not your children’s best interest)

Once your designated person has been named, he or she assumes many of the same rights that you have as the sole managing conservator, including the right to determine the primary residence of your children.

If you are the possessory conservator of your children, then your designated person will have the same access to them that you would have were you still there. He or she would also assume the same duties to care and provide for the children, with the exception being the payment of child support if he or she is a not your children’s biological parent. He or she would also be expected to prohibit any individuals denied access to your children as part of your custody agreement from seeing them while under his or her care. 

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