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Military Divorce Requires a Unique Approach

Members of the United States Armed Forces often face unique challenges when compared to civilians. Perhaps one of the hardest challenges is the military divorce process. If you’re currently serving our country, know the attorneys at Schneider Law Firm are here to support you each step of the way.

The Unique Challenges Involved in a Military Divorce

Military divorce requires a different approach than a civilian divorce. There are several unique challenges you may face as you move forward with divorce, including:

  • Child custody: When one parent is deployed overseas, determining a child custody and parenting plan can be complicated. Even after determining custody, many military members must relocate often, resulting in the need for custody modifications.
  • Child support: Child support is critical to the health and wellbeing of your children. Calculating sufficient child support can be complex if you or your spouse is deployed overseas due to tax concerns. Plus, child support payments are calculated using the servicemember’s income, which is often difficult to calculate. Factors such as housing allowance and pay differentials per assignment can change the amount of compensation a military member earns.
  • Property division: State and federal laws protect both spouses’ access to military retirement benefits in the event of a divorce. This means Texas courts can treat retirement benefits as community or marital property. There are many factors involved in the division such as the length of active-duty service.
Military Divorce Requires a Unique Approach | Schneider Law Firm, P.C. | iStock-1154360209
817-799-1852 – Military divorce comes with its unique challenges. To learn more about military divorce, visit us today.

Military Members & Divorce Proceedings While Deployed

It’s important to know that the Servicemembers Civil Relief Act protects servicemembers from the strain of divorce while deployed. Under the SCRA, military members have access to an extended “stay” or postponement of civil court. You can request a 90-day postponement of any proceedings, which can help you better prepare for your case.

Whether you’re currently deployed or serving at home, a professional military attorney can help you through your divorce.

Call the Military Divorce Lawyers at Schneider Law Firm

Military divorce requires a unique approach. The experienced military divorce lawyers at Schneider Law Firm are here to support you. To learn more about your divorce, give our Fort Worth office a call at 817-799-1852 or send us a message.

Understanding Grandparent Rights in Texas

As a grandparent, your grandchildren are an important part of your life. And when divorce occurs, it can be devastating to face losing your time with them. Although grandparents don’t have a Constitutional right to visit their grandchildren, there are some basic rights you can exert to gain visitation or custody, depending on specific circumstances.

Grandparent Visitation Rights

If a child’s parent approves, you can visit your grandchildren any time you desire. Yet, parents can also restrict your visitation rights. If this happens, you’ll need to ask the court for help. According to Texas law, the court may grant visitation if it’s in the child’s best interests and if one of the following conditions exist:

  • The parents are divorced
  • A parent abused or neglected the children
  • A parent has been incarcerated or found incompetent
  • A court order terminated the parent-child relationship
  • The child has lived with you for at least six months

If the child has since been adopted by someone other than the child’s step-parent, you’re unable to request visitation.

Understanding Grandparent Rights in Texas | Schneider Law Firm, P.C. | iStock-1162298071
817-799-7125 – As a Texas grandparent, you have the right to ask the court for help in acquiring visitation or custody. To learn more, visit us today.

Can a Grandparent Gain Custody of Their Grandchildren?

The short answer is yes. In some situations, a child’s parent may decide it’s in the child’s best interest to live with you. If that’s the case, the parent can simply sign all rights over to you. This gives you the ability to make critical decisions on behalf of the child.

If the parent won’t consent to signing over the child’s rights, you have the right to sue for custody, also known as conservatorship. There are many reasons why you may choose to seek custody in this manner. For example, the child’s parents may have substance abuse issues or be unable to provide adequate care.

If you wish to seek custody of your grandchildren, we recommend reaching out to a family law attorney who can help. The custody process is often challenging, especially for grandparents.

Reach Out to Us for Help Understanding Your Rights 

Schneider Law Firm, P.C. offers years of qualified experience to grandparents in Texas who wish to establish visitation or obtain custody. To learn more about grandparent rights, give our Arlington office a call at 817-799-7125 or send us a message.