A child custody battle can be overwhelming and nerve-racking for all the parties involved. This process becomes even more complex when it involves military personnel. Unlike traditional child custody, the court and parents must consider base reassignments and potential deployments. The child needs to have a relationship with both parents, which can be difficult if one parent is deployed.
Whether you are a military spouse or a military member, working with an experienced San Antonio military custody lawyer is your best option during a child custody battle. A skilled lawyer will make it easier for you to navigate the legal process while offering you the necessary insights into child custody cases. At Amsberry Law Firm, we have extensive skills and knowledge working on similar cases. We are well-informed about the laws that affect military child custody and offer our clients personalized legal support.
How Does Custody Work in the Military?
Sharing parenting duties can prove quite difficult after a divorce in San Antonio, and it gets even more complicated for military service members. Divorced parents need a parenting plan that states how they will care for their children and share time. It helps to have different plans for different scenarios. Your plan should cover your decisions for your child during the military parent’s temporary duty, deployment, or mobilization.
If you are in military service, you can share joint legal custody with your ex-spouse or give them sole legal custody. If you have joint physical custody and one of you is in the military, the civilian parent is responsible for the child when the other parent is not available. If you have sole physical custody and are in the military, you should have designated family members who will care for the child if you are unavailable. If both you and your spouse are in the military, your plan should establish where your child will go when you are both sent on an assignment or are deployed.
There are multiple factors to consider when establishing child custody in San Antonio. Let the attorneys at Amsberry Law Firm review your case today and help you establish the best course of action in a military child custody case.
How Does Custody Work if One Parent Is in the Military?
Determining child custody when one parent serves in the military can be challenging. As a military parent who must serve overseas, you risk losing custody when deployed, so it would be best to work with our military custody lawyers in San Antonio, Texas.
You can either have sole physical custody or joint physical custody. Here’s how that works when one parent is in the military:
- Sole physical custody: A service member can choose to have the child’s sole custody if the other parent is not fit to care for the child. You can also choose to give sole legal custody to the parent with physical custody of the child.
- Joint legal custody: You can have joint legal custody if one parent is a military service member. When you are deployed, the other parent will typically take the child.
It is vital to have multiple plans when developing a custody agreement when one or both parents are in the military. It helps to have a custody agreement that meets your family’s specific needs. Military child custody agreements include:
- The child’s living arrangements
- Communications about your military status
- A plan to communicate with the child during deployment.
How Can I Get Full Custody in the Military?
Custody cases are not always straightforward, and several facts will determine who gets full custody. Most military service members are unaware of when they will be deployed, and the orders tend to come with a short window, making it difficult to prove that you have time to raise and care for your child. But your child’s best interests will precede your being in the military. Let our skilled military child custody attorneys at Amsberry Law Firm review your case today and offer you the best course of action.
With our law firm’s proper legal representation, you can secure full custody while serving in the military. We can help you retain full custody of your child until or unless you are deployed for service. Depending on your situation, your parents, new spouse, ex-spouse, or other family members will take on the child when you leave for service.
Can a Military Father Get Full Custody?
Military families experience a difficult life due to frequent deployments, moves, post-war readjustments, and reintegration after deployment. Military service members are usually deployed for active duty for up to six months or more at a time. Military parental rights tend to be complicated because of factors related to deployment and jurisdictional issues.
The decision regarding who gets full custody of the child solely depends on what is best for the child. It may be difficult for military fathers to have full custody since they cannot be fully present due to deployment. A lack of consistent presence may have an impact on the child’s development.
Regardless of the challenges that military fathers face when it comes to obtaining custody, working with a skilled military child custody lawyer from San Antonio can make a significant difference in your case’s outcome.
Do You Understand San Antonio’s Military Child Custody Laws?
For the most part, military child custody cases are similar to traditional ones, except for factors like relocation and deployment, which make them more complex. Military laws are in place to protect military parents’ rights. It helps to have legal representation from a skilled San Antonio military custody issues lawyer to make it easier to navigate complicated proceedings.
The Texas Family Code states that people serving in the military can choose another individual to perform specific rights on their behalf during times of their deployment, where:
- They are in a location where the child cannot be with them
- They are in a location where it is impossible to visit the child reasonably
- The deployment will last over six months.
A military service member’s parents are typically the appointed conservators. If they stay outside the state or out of town, they will have to travel for visitation. While the courts usually allow visitation, they can rule against it if they believe it does not uphold the child’s best interests. When military service members finish their deployment period, they can petition the court to award them additional visitation to compensate for the time lost during deployment.
At Amsberry Law Firm, we have worked on different military child custody cases over the years and understand the variations in child custody arrangements. Let our qualified attorneys help you pursue an outcome that works best for you.
Factors San Antonio Courts Consider When Determining Custody
The primary factor San Antonio courts consider when determining custody is the child’s best interests. They factor in what living situation and arrangements are best for the child and who is the best choice as a custodial parent.
San Antonio courts understand that each child’s needs are unique, as is a family’s situation, so they consider all aspects of the case. Here are the factors San Antonio courts may consider when determining custody.
Parenting Abilities
The courts will consider how involved a parent is in their child’s education, whether they have a good understanding of their developmental needs, and how willing they are to work with the other parent.
A Child’s Wishes
If the court finds the child mature and old enough, the judge will consider their desires regarding custody and other arrangements. The child can decide whether they want to spend equal time with both parents or prefer living with one parent more than the other.
A Child’s Needs and Development
The proposed primary custodial parent needs to have a good grasp of the child’s needs and be able to meet them. The court will consider whether the household will be a safe and loving space for the child, where they will receive wholesome emotional, physical, and social support.
Emotional and Physical Safety
The court factors in whether the child may be in immediate emotional or physical danger or if there is a potential danger in either parent’s household. Serving a child’s best interests begins with ensuring they live in a home free of emotional trauma and threats of physical violence.
How Long Will My Case Last?
Each child custody case is unique, so the specific facts surrounding the case will determine how long it takes. Factors like the case going to trial, how long the mediation process takes, case details, and rescheduled hearings may affect how long the case takes. Courts often have tight schedules and resolving your child’s custody case may require several trials. Overall, a child custody case can take up to a year or even more.
What Is the Process of a Military Child Custody Case?
When fighting for child custody, it helps to work with a reputable attorney to make it easier to navigate the custody process in San Antonio. Our attorneys offer the best legal representation and are well-versed in custody laws.
There are different options for obtaining custody. Here is a breakdown of what the process involves:
- Completing custody paperwork
- Filing custody paperwork
- Informing the respondents
- Waiting for respondents to answer.
What Are the Benefits of Working With a San Antonio Military Child Custody Lawyer?
Going over military custody issues entails considering multiple hypothetical situations. It helps to work with our military custody issues attorney in San Antonio to get a better understanding of your legal options. Our skilled San Antonio military custody lawyers will help you navigate your case while prioritizing your child’s best interests. Here are the benefits of working with a military child custody attorney:
- Familiar with the Texas civil and military court systems: Military child custody attorneys have extensive experience and are familiar with the court system. They know what to do to get you the best possible outcome.
- Well-versed in military law: It helps to work with a lawyer who specializes in military child custody cases as they are knowledgeable in Texas military law and know how to navigate the complex legal system.
- Find a solution faster: Working with a military child custody lawyer ensures you reach a solution faster, reducing the stress for all parties involved.
- Better chance of winning custody: With legal representation from a reputable child custody law firm, you have a better chance of winning custody.
Why Do Clients Choose Amsberry Law Firm?
When you hire our qualified lawyers, you can expect high-quality representation in all the areas we serve within Texas. We offer our clients personalized solutions to ensure they get their desired results. Amsberry Law Firm has decades of experience, with a focus on military law, family law, whistleblower, elder law, probate, and employment and business law.
Military parents choose to work with Amsberry Law for several reasons, including:
- Vast experience: Amsberry has over 26 years of experience working on different cases and successfully helping thousands of clients overcome their legal challenges. We handle all the stressful legal hurdles on your behalf.
- Reputable legal practice: Amsberry Law Firm is a reputable law firm that’s board-certified by the Texas Board of Legal Specialization. We are well-versed in Texas child custody law and have a proven track record of performance.
- Skilled negotiators: We have extensive negotiation experience and offer our clients aggressive legal counsel and representation. We will conduct negotiations on your behalf to ensure you get a favorable outcome.
- Trial-ready: Our attorneys are trial-ready if we fail to reach a satisfactory settlement. We have proficient trial skills and experience to help you get a desirable result in Texas courtrooms.
- Caring and compassionate attorneys: Our attorneys will offer you caring counsel and decisive action. We will listen to you and analyze your case to help you determine the best course of action. Call us at (210) 354-2244 to schedule a consultation.
Trouble With Your Military Child Custody Case in San Antonio? Call Us Now.
Battling a child custody case can be daunting, especially without legal help. At Amsberry Law Firm, we have handled many high-conflict military child custody cases. We have the necessary experience to advocate for you and protect the relationship between you and your child by getting you the desired results.
Whether you are in military service or are a military spouse, we can help you. We are committed to resolving military child custody cases and getting our clients the best results, let our San Antonio military custody lawyers help you through this difficult time.
Talk to us today at (210) 354-2244 to schedule a case review.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
