Complications in Military Child Custody Cases

Many service members of the United States Armed Forces face difficult child custody situations whenever they are deployed, especially if the assignment is to a potentially hazardous location. In these situations, service members must make special arrangements for their children’s care whether they have sole or joint custody. However, if the temporary child custody order created for the service member’s deployment is challenged while the individual is deployed, he or she can be left facing a difficult legal situation. Fortunately, the knowledgeable team of Holmes, Diggs & Sadler may be able to help with child custody cases in Houston.

Child Custody Cases and Military Custodians

There are no uniform federal laws in place regarding military custody cases. However, the following rules provide legal guidance in these important family law cases:

  • Cases are referred to the child’s home state
  • A custodian may only apply for federal jurisdiction if he or she believes the custody proceedings have violated his or her constitutional rights or, in some cases, a specific federal statute
  • A servicemember on active duty deployment may apply for a 90-day legal stay on proceedings
  • This stay may be renewed after the 90-day period has expired if the individual cannot address the custody case due to his or her deployment
  • A servicemember’s deployment or record may be used against him or her in a custody case

Although a military parent may establish a temporary custody arrangement with a child custodian during deployment, legal challenges can arise back home during the course of that deployment. It’s important for military parents to consider their legal options and how to proceed in defending their custody rights.

Contact a Child Custody Lawyer in Houston

If you’re searching for a legal advisor in Houston to assist you with your military child custody case, our experienced team may be able to help you sift through the options and tools available to you. For more information about how we can help you prepare and fight for your right to fair custody of your child, contact an attorney from Holmes, Diggs & Sadler today by calling (713) 766-5355.