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Can your family get custody of your kids after you are deployed?

Being away from your kids while you are on deployment may be extremely difficult. Your situation may be even more stressful if you have reason to worry about their safety in San Antonio while you are away. If your ex-spouse has been granted custody of your children while you are deployed, yet you think that his or her conduct could put them at risk, is there a way for you to request that temporary emergency custody be given to another?

Texas law allows your relatives to request emergency custody of your kids under the state’s estate code. All your family has to do is fill out an Application for Temporary Guardianship with the probate court for the county that they reside in. A hearing may then be scheduled in which the court will consider factors such as:

  •          Your ex-spouse’s current living situation
  •          His or her physical and mental health
  •          His or her current income
  •          How long he or she has resided in Texas
  •          His or her history as the kids’ primary caretaker
  •          The best interests of your children

If the court rules in favor of your family’s petition, they may be given custody for definite amount of time.

What if your family members live outside of Texas? Typically, your children must reside in their state for a continuous period of six months before that state can claim jurisdiction in a custody case. However, according to the Uniform Child Custody Jurisdiction Act, if there is evidence that your children have been abused, mistreated or abandoned by your ex-spouse, your family member’s state courts can assume emergency jurisdiction of their case, allowing him or her to then assume temporary custody. 

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