How Do Military Child Custody Laws Work? - Bineham & Gillen

military divorceHow Do Military Child Custody Laws Work?

January 31, 2018by Bineham & Gillen Law

While military child custody cases resemble traditional ones for the most part, situations like deployment and relocation add an extra layer of considerations. In response to a growing need, laws are coming into play that ensure the rights of military parents are protected. Keep in mind that while these protections are in place in theory, these are still murky waters. It’s best to have a military divorce lawyer by your side who can help you navigate through often complicated proceedings. Here are a few things to be aware of as you embark on military child custody battles.

Military Custody Protections

The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) allows states to adopt a standard procedure for child custody cases in military divorces. While Texas isn’t part of the 10 states that have adopted the act, they have other similar legislation in place. Most states either have adopted the act, something similar, or their adoption of UDPCVA is pending.

Some of these considerations include:

  • Ensuring the deploying parent notifies the other parent as soon as possible.
  • Prohibiting the courts from using past or future deployments as a factor in meeting the child’s best interest.
  • Setting the groundwork for out-of-court custody and visitation arrangements.
  • Allowing for expedited proceedings when one parent is facing deployment and prohibits a permanent ruling without the deploying parent’s consent.
  • Establishing a procedure for when a temporary custody arrangement must be terminated.

Family Care Plan

If one or both parents are in the military, a Family Care Plan which outlines the details of care in the event of a deployment is required. This agreement must be reviewed by the service member’s commanding officer and updated yearly. It’s always a good idea to have a military lawyer review these arrangements for potential issues.

Have more questions about child custody issues in military divorces? Don’t hesitate to contact us over at Bineham & Gillen. We aim for same-day consultations and offer financing and payment plans.

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