Your military service may often take you away from San Antonio for extended periods of time. This may cause you great concern if you happen to be dealing with child custody issues. Many in your same situation have come to us here at The Law Office of Roland R. Esparza, P.C. prior to leaving for military service questioning how their absence may affect their custody status. Their fears (as well as yours) likely come from the knowledge that a military assignment can last anywhere from several weeks to a few years.
The Texas Family recognizes three distinct types of military assignments. They are:
- Deployment: Your temporary transfer to another area of the world in support of combat or other military operations.
- Mobilization: Your call-up from a National Guard unit member or reserve status to active duty.
- Temporary military duty: Your transfer to a different military base or other location for noncombat duties or training.
For the purposes of this statute, your annual Reserve or National Guard training is considered to be temporary duty rather than mobilization.
While the type of assignment you receive may affect the amount of time that you are away, you may be happy to hear that it may not affect your custody status. The court makes special allowances for service members during any of the three aforementioned periods of assignment in regards to custody and conservatorship issues. It may also allow for an expedited hearing if your military duties are pending. The law also allows you to make up for any custody time lost while you are away on assignment.
Discover more about the family law issues facing military members by continuing to explore our site.