Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

How to handle child custody battles when you’re in the military

When you’re in the military, you may need to pick up and leave Texas at a moment’s notice. If you have children, this may be seen as negative for the child’s life, and you may believe that it will influence your ability to get full custody of your children. It’s true that service members will need to be careful in how they address child custody battles to ensure that they get the best outcome possible.

Laws are in place to help military members

Not all military divorces consist of two service members. In cases where your former spouse is not enlisted in the military, it may seem like you’re at a big disadvantage. However, state and federal governments have recognized that this is an issue for military members and have passed provisions to help with child custody cases for military members.

The first provision states that a judge cannot use a military member’s current, past or future absences related to military service as a sole basis for changing any child custody order. The second provision states that child custody Arrangements may not be permanently changed while a military parent is unavailable due to their service. The third provision states that the custody order that was enacted before the absence of a military parent should be reinstated within a short time upon their return from military service.

Prepare yourself properly

One of the best things that you can do when you’re in the middle of a military divorce is to plan ahead. This should start with a family care plan which outlines how your child will be taken care of and all aspects of their life when you’re deployed. Second, you’ll want to make sure that you address what would happen in the event that you need to be relocated due to your military service. You’ll want to include a provision for this military relocation within the child custody order.

Child custody battles can be difficult enough. When you’re active in the military, it can put you at a slight disadvantage when it comes to formulating child custody orders. By following a few tips and having legal assistance, you’ll set yourself up for the best chance of success.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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