Houston Military Custody Lawyers
Standing Up for the Rights of Military Parents
Being a servicemember in any branch of the military brings with it many considerations in regard to child custody and visitation. Many of these considerations are the same as for civilian individuals facing divorce or post-divorce situations where the matter is disputed between parties. Generally, courts view the child custody issue with an eye towards doing what lies in the child’s best interests. This guideline holds true in military custody court cases as well but is complicated by the fact of a military parent’s potential reassignment to other states or countries and/or deployment. Thus, the impact of a parent being called away for long time periods needs to be properly handled in any military custody agreement.
If you are in the military and facing a child custody issue, whether it is due to a pending divorce or in the context of a post-divorce situation, it is imperative that you discuss it with a family law attorney who understands military cases. At the Law Office of Bryan Fagan, PLLC, you can depend on dedicated family law representation that includes skilled mediation, negotiation, and litigation services. Our Houston military custody attorneys understand the challenges involved in any custody case and those complicated by military service. We are here to provide you with the customized legal solutions you need when seeking a mutually-acceptable custody plan.
Need help resolving your military custody case in Houston? Reach out to the Law Office of Bryan Fagan, PLLC at (281) 810-9760 to book a free, initial consultation today.
Creating a Military Family Care Plan
If you and your spouse can create a mutually-acceptable child custody plan on your own, through negotiation, or mediation, you can submit it to the court for approval. If you are unsuccessful, the court will look at the same factors it reviews in civilian cases to determine how custody and visitation should be arranged. These factors range from the age and health of the child and both parents to financial matters, and how various arrangements will affect the child’s wellbeing. Included in these factors for military families, however, is how a parent’s military status may affect custody.
To handle the possibility of a child losing his or her parent to a station move, deployment, special training, military exercises, or temporary duty, military parents are generally required to develop a “family care plan.” Such a plan outlines how your child will be taken care of when you are called away.
Family care plans generally must provide for:
- A designated caretaker to care for children on a short-term basis; this individual would not be another military member but could be a civilian spouse or other family member who lives close to you.
- A designated caretaker to care for children on long-term basis, such as when you are deployed overseas. This person also cannot be a military member.
- And outline of detailed instructions on caring for children, which can include financial, medical, school, transportation, and other directions to ensure that the child’s environment is safe and smoothly handled. These instructions can include powers of attorney in order to allow caretakers to make decisions and act for parents.
These plans generally must be updated on a yearly basis; in cases where a caretaker is named who is not the child’s biological parent, the biological parent must consent to the plan. If he or she does not do so, the matter will then typically be taken up in court. It is commonly recommended that you include your family plan into your custody plan so that any future custody problems are avoided.
Ready to Talk About It with an Experienced Attorney?
When dealing with a family law issue as vital as child custody, it is in your best interests to turn to an attorney who is experienced in the law and how courts determine the matter. At our firm, you can work with a trusted legal team that has successfully handled countless custody matters for Texans for years. We know how sensitive and important this issue is to you as a parent and will apply all of our knowledge, legal skills, and commitment to help you resolve it smoothly. Your legal rights and a successful outcome are our main priority.
We are available at (281) 810-9760. Contact us to get started today.