Military service can create unique challenges for families, especially when it comes to child custody arrangements. If one parent is called away on deployment, how does that affect custody, visitation, or child support orders? The good news is that Texas law has special rules to help families deal with these situations.
Below, we look at how military deployment can change child custody in Texas and what steps you can take to protect your family’s interests. If you have specific questions about your circumstances, Texas family lawyer Justin Cook is here to guide you.
How Does Military Deployment Affect Your Parenting Rights in Texas?
When a conservator (the legal term for a parent with certain custody rights) in Texas is sent on military deployment, mobilization, or temporary duty that involves moving far from home, it can disrupt normal parenting arrangements. Texas recognizes that this disruption is not the same as a routine life change, like switching jobs. As a result, the law allows parents to ask the court for temporary orders to address custody, visitation, and even child support without the typical requirement to prove a major change in circumstances—because the deployment itself counts as the change.
According to Sec. 153.702 of the Texas Family Code, you do not have to show any other grounds besides the deployment itself to request these temporary changes. This is meant to give military families peace of mind, knowing they can adapt to their new situation while also staying within the boundaries of the law.
What Are Temporary Orders for Deployed Parents in Texas?
Temporary orders are short-term changes to your existing custody arrangement. These orders can say who the child lives with, how visitation works, and how child support should be paid during the parent’s absence. When the deployment ends, the orders expire, and the original custody terms come back into effect—unless the court decides otherwise.
For instance, if you have the child most of the time but are sent overseas for six months, a temporary order could name someone else to look after your child during that period. This “designated person” could be the other parent or another trusted adult. However, it is important to remember that if the person appointed is not a parent, Sec. 153.702 says that person will not be required to pay child support for the child.
Can Another Person Exercise Your Custody or Visitation Rights in Texas?
Sometimes, a deployed parent wants a relative or close friend to spend time with the child in their place or maintain some aspect of their parental role. The law allows for this option through something called a “designated person.” Under Sec. 153.703 of the Texas Family Code, if you have the exclusive right to decide the child’s primary residence but have to deploy, the court can appoint someone to fulfill that role temporarily.
While the other parent often has first preference if they are suitable, you can propose a person you trust if giving custody or visitation directly to the other parent is not in the child’s best interest. The court’s priority is always what best supports the child’s emotional and physical well-being. If the court agrees with your choice, that designated person can exercise certain custody rights until you return from deployment.
What Happens to Child Support During Deployment?
Child support can also be adjusted through these temporary orders. For example, if the deploying parent is the one who pays support, the court might modify the amount based on changes in income or living expenses. Conversely, if the deploying parent is the one who usually receives child support but cannot provide day-to-day care during deployment, the court might shift payment responsibilities temporarily.
Sec. 156.105 of the Texas Family Code confirms that a court can modify child support orders when a parent’s military duty affects their ability to care for the child. These changes are designed to be fair and proportional to each parent’s responsibilities and needs. After the deployment, the court can revert to the original arrangement or make new orders as needed.
Do You Need to Prove a “Material and Substantial Change”?
In most custody cases, if you want to change a court order (like who has primary custody or how much time each parent spends with the child), you must show that something “material and substantial” has changed since the judge entered the last order. But when military deployment is involved, Sec. 153.702 and Sec. 156.105 allow courts to grant temporary changes based solely on the deployment, mobilization, or temporary military duty.
Here is the important difference:
- Regular Custody Modifications: You must show a material and substantial change in circumstances (e.g., a big move, job loss, or new child health issues) to modify the order.
- Deployment-Related Changes: You do not have to prove anything more than the fact you are being deployed, mobilized, or assigned to temporary duty in a new area.
Once your deployment ends, these temporary orders go away, and the original terms apply again. If one parent believes that more permanent changes are necessary, they can file a traditional modification request, which would require proof of a material and substantial change—beyond the deployment itself.
What If You Need Extra Visitation After Returning from Deployment?
Active-duty parents often miss valuable time with their children. To make up for that, Sec. 153.709 allows the deployed parent to request “additional periods of possession or access” upon returning. The court will look at:
- How much time the parent missed during the deployment
- Whether a “designated person” was caring for the child during that time
- The child’s current schedule and needs
Based on this, the judge may allow extra parenting time to help the deployed parent bond with the child again. This is not automatic, but the court recognizes that extended absences can be hard on parent-child relationships.
Can You Request an Expedited Hearing If You Are Deployed?
Yes. Sometimes, military duties make it hard to show up for a regularly scheduled hearing. In that situation, Sec. 153.707 of the Texas Family Code says that the court may allow an expedited (or fast-tracked) hearing. You will need to show good cause—usually that your deployment schedule does not let you come to court on the normal date. If granted, this means you can take care of custody issues quickly before you leave or during a short break from duties.
This option prevents delays from making things worse. It is especially helpful if your deployment date is coming up soon and you need temporary custody orders settled before you go.
What Steps Should You Take If You Are Facing Deployment?
Below is a list of steps that might help you navigate custody when facing military deployment:
- Review Your Existing Orders: Check what your current custody and visitation arrangement says.
- Give Notice as Soon as Possible: Let the other parent (or your co-conservator) and the court know about your deployment, if required by your order.
- Seek Temporary Orders: File a request with the court to establish or modify custody, visitation, or child support temporarily.
- Designate a Trusted Caregiver: If you have the exclusive right to decide your child’s primary residence, consider appointing a designated person to care for your child while you are gone.
- Look into Expedited Hearings: If deployment is imminent and you cannot attend the normal court date, ask the court for an expedited hearing.
- Keep Records: Document all communications, orders, and changes made to help avoid confusion later.
Taking these steps can make the process smoother for everyone involved. Courts appreciate parents who are proactive and forthcoming with details about their military status and how it might affect their children.
Is Deployment Alone Enough to Permanently Change Custody in Texas?
No. Texas law tries to ensure that service members do not lose their parenting rights just because they serve their country. Deployment is a unique but temporary situation. So, once you return to your usual residence, the temporary orders automatically end. Everyone’s rights and duties usually go back to what they were before—unless the court finds that a permanent change is in the child’s best interest.
For a permanent shift in custody arrangements, the parent seeking the change must still prove a material and substantial change of circumstances beyond the deployment itself. Examples might be that the child’s living situation changed drastically or that the returning parent cannot provide a stable home. The court will look at the entire picture.
What If You Are the Non-Deploying Parent?
If you share custody with someone who is about to deploy, you can request temporary orders, too. The law applies to either conservator, so you can file a motion if you think changes are needed for the child’s well-being. Sometimes, the non-deploying parent wants more visitation while the other parent is away, or they might have concerns about a designated caregiver chosen by the deploying parent.
However, keep in mind that the court will not automatically give you permanent custody just because the other parent deploys. The focus is on what arrangement works best for the child until the deployed parent returns.
Looking for Legal Guidance? Contact The Cook Law Firm & Associates PLLC Today
Military deployment can throw a wrench into your family’s routine, but it does not have to cause chaos. Texas laws provide special options so you can protect your relationship with your child—or step in to care for the child while the other parent is serving. If you need assistance navigating custody, visitation, or child support issues during a military deployment, reach out to a Texas family lawyer at The Cook Law Firm & Associates PLLC.
Call 210-740-0281 or fill out our online contact form to schedule a consultation. We understand the demands of military life and are dedicated to helping you find the best solutions for your family. Let our experience and personalized approach guide you through this challenging time, so you can focus on your service and your child’s well-being.