How Military Duty Affects Modifying Possession Orders – There are situations that arise when a parent or conservator who does not have the right to determine a child’s primary residence is called away for military duty.
You can imagine this puts the conservator between a rock and hard place. They already have zero say so in where the child lives, and now — through the selflessness of serving their country — potentially lose out on the agreed-upon time they can be with the child.
Luckily, the court system in Texas has a few processes in place to help — albeit temporary.
Temporary Possession Orders
Per the Texas Family Code, the court system can award additional periods of possession when the conservator without the exclusive right to determine the child’s primary residence returns from military duty, to compensate for periods of possession missed during deployment.
This can include situations of:
- Military deployment;
- Military mobilization; and
- Temporary military duty
Unlike traditional modification suits, the relief the court renders is merely temporary. Once the periods of access are used up, the original orders go back into effect.
To be awarded additional periods of possession under this process, the conservator must prove that he or she was ordered to military duty, their location during that duty prevents reasonable access to the child, and the additional periods of possession would be in the child’s best interest.
Before filing your case, give Nelson Law Group, PC a call. It is always a good idea to talk to a lawyer about your situation. Our friendly staff is here to help you. For more information about Brett A Nelson, click here.
