How Will a Change of Duty Station Affect the Children of a Divorce?

The Affect of a Military Transfer on Custody and Visitation

Your marriage has ended in divorce and your ex is on active duty with the U.S. military. You have minor children in the home, but custody and visitation have been worked out. Then, as frequently happens in the armed forces, your ex receives notice of a transfer of duty station, perhaps on the other side of the country or the other side of the world. How does that affect custody and visitation? What can be done to ensure that the children have meaningful access to and time with each parent?

How Is Custody and Visitation Governed When a Military Spouse Relocates?

Statistics indicate that members of the military are often at greater risk of divorce than civilians. One of the factors most commonly cited is the frequent relocation of military personnel, estimated to be about every 24 to 36 months.

As a general rule, custody and visitation are determined by state law. A number of states, recognizing the unique circumstances when one spouse is on active duty with the U.S. military, have adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), which sets forth the rights of parties to a military divorce when there is relocation. Texas has not adopted the UDPCVA.

In Texas, a parent may seek to modify an existing custody and visitation order when there is a “material and substantial change of circumstances” that supports a revised custody and visitation arrangement. Under Texas law, though, military deployment is not considered a material and substantial change. The court, however, will have discretion to consider temporary orders, but when determining the necessity of any change in custody or visitation, the court will give priority to the best interests of the children.

Let Graham Family Law Protect Your Rights throughout a Military Divorce

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of Christine, Jourdanton, Kyle, Buda, Dripping Springs, Wimberley, Driftwood, Hays, Woodcreek, Canyon Lake, Bulverde and Garden Ridge