Child Custody Cases Involving Military Servicemembers
Many military servicemembers are deployed every year despite having joint or sole custody of their children. Whether a sole custodian or sharing custody under a joint order, a member of the U.S. Armed Forces may need to develop a temporary order to provide for his or her child’s well-being if the upcoming deployment won’t allow the child to live with the individual. However, in some cases, the temporary custodian may challenge that servicemember’s continuing right to care for the child, creating a troubling legal situation. Fortunately, servicemembers from Colleyville can trust the committed attorneys of Alexander & Associates to handle their child custody cases while they are away.
Rules of Military Child Custody Cases
Child custody cases involving parents in the military tend to be complex due to the fact that servicemembers may not be physically capable of attending legal proceedings for an extended period of time due to their deployment. However, the following rules are in place to provide some clear guidelines to help make this process easier:
- Cases are still argued in the child’s home state
- Cases may not apply to federal jurisdiction unless a federal statute has been violated or someone’s constitutional rights have been violated
- Servicemembers receive an automatic 90-day stay on legal proceedings due to the danger involved with their active deployment
- If necessary, this 90-day stay may be extended to allow a servicemember more time to complete a portion of their deployment
In these child custody cases, it is possible that a temporary custodian may attempt to cite a servicemember’s career and record in the military as proof that he or she isn’t necessarily the best option for a child’s custodian. As the courts will rule in the child’s best interest, not necessarily the parent’s, this can be a serious concern for a servicemember to handle without legal preparation.
Contact a Child Custody Lawyer in Colleyville
If you’re facing a difficult custody battle in Colleyville as a military servicemember and need help managing this complex legal process, our team of experienced lawyers may be able to step up and assist you in defending your custodial rights. For more information about our full range of family law services for those in need of some representation, contact an attorney from Alexander & Associates by calling 817-756-4040 today.