For divorced parents in San Antonio who are called away to military duty, the time spent away from their children may be extremely difficult to deal with. If you have missed time with your kids due to a deployment, then you may hope to make up for the time lost upon your return. Many in your same situation come to us here at The Law Office of Roland R. Esparza, P.C. concerned that they will immediately have to go back to honoring their original child custody agreement. However, you may be happy to hear that is not always the case.
As has been mentioned before in this blog, if you are the conservator with the exclusive right to determine the primary residence of your children, then you are allowed by law to appoint a designated person to assume your role while you are away fulfilling your military duty. Once you return home, any rights granted under the temporary order in affect during your deployment are terminated, and you resume the same role you had prior to leaving.
If, however, you are not the one who has the authority to decide where your kids reside, Texas law allows you to petition the court for extended periods of possession or access to them once you have returned. If it is believed to be in your kids’ best interests, the court may then award you a period of additional possession or access to them accordingly. Keep in mind, however, that the court is not obligated to award you extra time with them equal to the amount of time you were gone, but rather only as much as it deems adequate.
You can find out more about how deployment affects child custody issues by continuing to explore our site.