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Category Archives: Military Divorce

Child Custody for Military Parents

Child Custody for Military Parents

With the strong presence of the U.S. military in the Fort Worth area, we’ve become familiar with just how child custody issues affect military families. We have handled numerous military divorce cases, as well as child custody disputes that happen outside of marriage or years after a divorce has occurred. Here are some key things that military parents should know about child custody.

Determining Child Custody During Deployment

Child custody can be tricky for military parents because relocations and deployment can interfere with parenting time. The process of determining child custody and a parenting plan may be especially complicated if one parent is deployed overseas.

When a parent is on active duty, the Servicemembers Civil Relief Act protects them. If a parent attempts to change the child custody status while the other parent is deployed, the deployed parent can invoke their rights under the SCRA to postpone the hearing.

When the primary parent is deployed, courts can’t permanently change child custody. However, they can change it temporarily. Courts can order that temporary child custody is with someone else while the primary parent is deployed.

The law states that the first choice for custody should be the other parent unless other circumstances keep the arrangement from being in the child’s best interest. If the other parent isn’t given custody, the law says the second choice must be someone of the primary parent’s choosing.

Interstate and International Custody Disputes

For military families, child custody disputes can often reach across Texas borders—and sometimes even international borders. When a child custody dispute spans multiple states, state law determines the child custody dispute. It takes an experienced lawyer to make sure that the parent-child relationship is properly protected.

When a child custody dispute spans multiple countries, international law comes into play. The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to protect children from the harmful effects of parental abduction.

The convention provides a process for a parent to get a child back when the other parent has taken the child out of the country. Countries that have signed on to the convention promise to cooperate to make sure a child is returned to the custodial parent. This law interacts with other important laws, like the International Parental Kidnapping Crime Act (IPKCA) and the UCCJEA to protect the parent-child relationship.

Contact Us for Help With Military Child Custody Matters

If you need help with child custody matters, talking with a lawyer is a good way to get real information. For a confidential consultation, call our Fort Worth office at 817-755-1852 or send us a message. At the Schneider Law Firm, P.C., we have extensive experience helping military families in matters affecting their children.

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.

Special Considerations in a Military Divorce

Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.

Special Considerations in a Military Divorce

Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:

  • Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
  • Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed. 
  • Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.

Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse. 

Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.

The Servicemembers Civil Relief Act and Divorce

When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings. 

The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge. 

Call the Military Divorce Attorneys at Schneider Law Firm

As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.

Special Considerations in a Military Divorce

Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.

Special Considerations in a Military Divorce

Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:

  • Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
  • Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed. 
  • Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.

Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse. 

Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.

Special Considerations in a Military Divorce | iStock-1208349126

The Servicemembers Civil Relief Act and Divorce

When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings. 

The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge. 

Call the Military Divorce Attorneys at Schneider Law Firm

As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.