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Child Custody During Deployment
Deployment doesn't end your parental rights — but it does require careful legal planning. We help military parents protect their relationship with their children before, during, and after deployment.
How Texas Law Protects Deployed Parents
Texas has specific statutes — including the Servicemembers Civil Relief Act (SCRA) and Texas Family Code provisions — that protect military parents during deployment. Courts cannot permanently modify custody solely because a parent is deployed.
However, temporary orders are often necessary, and the language in those orders matters enormously. A poorly drafted temporary order can be used against you when you return. We make sure your orders are structured to preserve your rights.
We also help clients navigate the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), which Texas has adopted, giving deployed parents clear rights and procedures.
What We Help You With
- Temporary custody orders during deployment
- Delegating visitation rights to a family member
- Preventing permanent custody changes while deployed
- Parenting plans that account for future deployments
- Virtual visitation rights (video calls, phone contact)
- Returning home and reinstating your custody schedule
- Modifying existing orders after deployment ends
- SAPCR (Suit Affecting the Parent-Child Relationship) filings
Before, During & After Deployment
Before Deployment
- File for temporary orders before you leave
- Designate a trusted family member for visitation
- Establish virtual visitation rights in writing
- Document your current custody arrangement
- Get legal protections in place under SCRA
During Deployment
- Maintain regular contact with your children
- Keep records of all communication attempts
- Monitor for unauthorized custody modifications
- Respond promptly to any legal filings (SCRA protections apply)
- Stay in contact with your attorney
After Returning
- File to reinstate your original custody schedule
- Address any modifications made during deployment
- Rebuild your parenting time gradually if needed
- Update your parenting plan for future deployments
- Enforce your rights if the other parent is uncooperative
Don't Wait Until Orders Are Cut
The time to protect your custody rights is before you deploy — not after. Courts move slowly, and getting orders in place takes time. If you receive deployment orders, contact us immediately so we can act quickly on your behalf.
SCRA Protections for Service Members
Stay of Proceedings
The SCRA allows deployed service members to request a stay (pause) of civil court proceedings, including custody cases, when military duty materially affects their ability to participate.
Default Judgment Protection
Courts cannot enter a default judgment against a deployed service member without first appointing an attorney to represent their interests.
No Permanent Modification
Texas courts cannot permanently modify a custody order solely because a parent is deployed. Deployment alone is not a material and substantial change in circumstances.
Expedited Hearings
When time is short before deployment, we can request expedited hearings to get temporary orders in place quickly so you can deploy with peace of mind.
Protect Your Parental Rights Before You Deploy
Same-day consultations available. We work quickly when deployment timelines are tight.