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Military Child Custody and Visitation

Graham Family Law > Family Law > Texas Military Family Lawyer > Military Child Custody and Visitation

Because of deployment, relocation and other matters, military parents often face child custody issues that many civilians do not encounter. At Jamie Graham & Associates, PLLC, in San Antonio, our attorneys understand the unique attributes of military child custody and visitation cases. We will put our more than 30 years of combined experience to work to protect your relationship with your child, whether you are going through a divorce, paternity action or child custody case.

COURTS ALWAYS FAVOR THE PARENTS

Despite the often stressful and hectic nature of military life, courts always favor placing a child with a parent over a grandparent or other relative, as long as the parent is able to provide good care and a safe environment. Ultimately, the goal is to do what is in the child’s best interest, and in most cases that means creating child custody arrangements that allow both parents to remain involved in the child’s upbringing.

LEGAL GUIDELINES FOR MILITARY SERVICE MEMBERS

Under the Texas Family Code, individuals serving in the military can designate another person to exercise certain rights for them during periods of deployment that:

  • Last more than six months
  • Are in locations where the service member cannot reasonably visit the child
  • Are in locations where the child cannot accompany the custodial parent

A service member’s parents are often the designated conservators. If they live out of town or out of state, they would have to travel for visitation. Courts allow this visitation, but also can rule against it if the court deems it is not in the child’s best interest. Once the service member completes a period of deployment, another option is to petition the court to compensate for the time lost during deployment by awarding additional visitation.

We understand all of the variations of child custody arrangements available in military cases and can help you pursue an outcome that works for your situation.

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)

This is a law that protects service members against default judgments in child custody proceedings in which the service member is the defendant and cannot make an appearance due to deployment. The SCRA requires that the plaintiff enter an affidavit stating whether or not the defendant is in the military service. In addition, if the military service member does not have a lawyer, the court may appoint one to handle the service member’s case. We are willing to further educate you about if and how the SCRA may play a role in your case.

CONSULTATION ABOUT MILITARY CHILD CUSTODY ISSUES

Call 210-308-6448 for more information from an experienced attorney.

Testimonials

Alex Watson

Alex Watson highly recommends Graham Family Law.  Alex Watson stated:  "Couldn't be more pleased with my experience with Graham Family Law. Cody Graham was so helpful and empathetic during a very tough time in my life. I have referred a few friends and…

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Ali from Google said "I had the good fortune of having Rob Biggers on my side when I went thru my divorce and custody arrangement. Rob was great at preparing me for speaking in court. He highlighted the important details, was quick to…

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Rob Biggers is amazing, intelligent, knows the law like the back of his hand, and will fight for you!!He worked on my case, explained my options and offered everything he possibly could in order for me to get what I needed. Money was…

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Tracy and Lisa make an Awesome Team! They handled everything in a professional and caring manner. Tracy always made me see the positive side of things. She listened to me, and answered all the questions I had, which helped me to remain calm…

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Tracy and Lisa were an amazing team. They helped me with my case quickly and did not waste time or money. Tracy gave me great advice and took time with me to explain my situation and options. Lisa is very efficient and super…

Mario Gonzales

I hired Mr. Rob Biggers early 2023 for a custody battle. I believe he did all he had to do with my case and had an outstanding outcome. Communication was great and timely mannered. Would receive courteous calls before court to inform me…

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Recommend this law group as a woman leaving a difficult marriage who needed protection right away. Jamie Graham has listened to all my fears and needs and responded right away with assurance, empathy, and resolve. Rob Biggers took my case on mid way…

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I am extremely pleased with the Jamie Graham and Associates team, especially Crystal Bannin. Her professionalism, attention to detail, communication, and empathy in and out of the courtroom have my highest recommendation to anyone in need of or looking for an attorney. During…

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Going through a life changing event such as a divorce is never easy, especially when you are at odds with your soon to be ex. Rob Biggers and Lisa Salinas not only made this trying time less stressful, they made it look like…

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I have been a client of Crystal Bannin for over 10 years. She is nothing but professional. From divorce to child custody she is very proficient in her work and made herself available with any question or concern I may have had about…

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