Virtual Custody Hearings & Visitation During Deployment: What Military Families in Texas Should Know

Divorce can be mentally, emotionally, and financially taxing for couples from all walks of life, but the experience can be even more challenging for military families. When one spouse is deployed or preparing for deployment, the divorce and custody negotiation processes can present unique hurdles and add even more strain to an already stressful situation.

Thanks to the rise of virtual meeting platforms and other digital communication tools, virtual custody hearings and even virtual parenting time have made custody negotiations more accessible to military families. Here’s an explanation of how these virtual tools can help deployed servicemembers take an active role in custody arrangements – even from a distance – and how an attorney experienced in military-related custody issues can help clients leverage these tools for more favorable agreements.

How do virtual custody hearings work?

When a servicemember is deployed, appearing for divorce or custody hearings can get complicated fast. That’s why many Texas courts permit virtual appearances at the court’s discretion, subject to local rules and judicial approval. Virtual communication platforms like Zoom, Microsoft Teams, and Google Meet have made it easier than ever for deployed parents to tune in for hearings from around the world – allowing members of our armed forces to take a more active role in conversations about custody arrangements, visitation schedules, and more.

In the event that a deployed servicemember needs to appear virtually for a custody hearing, Bexar County makes it relatively simple to request a remote appearance via Zoom. Remote hearings are generally held to the same standards as in-person hearings and are meant to be as equitable as possible. By making virtual options accessible to members of the military, the civil court system ensures that deployment does not preclude parents from having their voices heard.

Physical vs. legal custody: What’s the difference?

If you’re in the process of negotiating a child custody agreement, it’s important that you understand the difference between physical custody and legal custody. Sometimes, we use the phrase “military child custody” a bit too broadly, and it yields confusion about what custody agreements actually entail.

In the simplest terms, physical custody determines where a child lives and who they spend time with, while legal custody refers to the authority parents have to make important decisions about the child’s upbringing. Physical custody arrangements can be a bit harder to arrive at when one parent is deployed, but that doesn’t mean there are no viable options.

Legal custody is also an important consideration in custody hearings – especially for deployed servicemembers who still want to have a say in major decisions regarding their children. In order to ensure both sides arrive at equitable physical and legal custody agreements, it’s often advisable to work with a military child custody lawyer who understands the complex nature of these cases.

How does deployment affect visitation?

When a servicemember is deployed, their visitation schedule may no longer be tenable or may require tweaking. In many traditional custody agreements, children may split their time equally between households or visit one parent on an agreed-upon schedule. When one parent is deployed, however, visitation time can be harder to come by.

In some cases involving domestic deployment, visitation schedules can be adjusted to account for children’s periodic travel when the deployed parent’s schedule permits. When military parents are deployed overseas, though, in-person visits may not be feasible for numerous reasons. This is often where virtual visitation arrangements can make a world of difference.

In these situations, courts may be willing to modify visitation schedules to allow for phone or video visits via digital communication platforms. The court may order these calls to take place on a weekly, biweekly, or other consistent basis to ensure the deployed parents can still connect with their child during their time away. The court may also agree to modify holiday and vacation allowances based on deployment schedules or order additional visitation upon a parent’s return to effectively “balance the scales.”

Unfortunately, there is no one-size-fits-all formula in these cases, and visitation schedules must account for a variety of different scheduling considerations and other factors. Sometimes, members of the military have limited control over their deployments, which is why it’s so important for servicemembers to work with experienced legal counsel when attempting to modify their visitation options during deployment.

Are there any legal protections for deployed parents?

Deployment by itself cannot constitute a material and substantial change to justify modifying an existing order, but it does allow temporary modification of conservatorship and possession during military deployment. Courts must still evaluate what parenting arrangement best supports the child’s interests. While there are legal protections afforded to servicemembers engaged in custody negotiations that are still somewhat limited, legislation has begun to catch up – slowly, but surely.

Currently, most men and women in uniform rely on the following two key pieces of legislation in addition to the Texas Family Code when managing parenting plans during deployment:

The Servicemembers Civil Relief Act (SCRA)

The SCRA protects servicemembers from default judgments in the event that they are unable to appear in court and provides a vehicle for active-duty parents to delay certain court proceedings by 90 days or more. If the defendant has not appeared and it appears the defendant is in military service, the court generally must appoint counsel before entering a default judgment.

In order for these protections to apply, however, plaintiffs must file an affidavit stating whether or not the defendant is in military service or stating that the plaintiff cannot determine the defendant’s military status. The court may also ask plaintiffs for supporting documentation clarifying the defendant’s service status to prevent people from taking advantage of these legal protections.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Sometimes, military families find themselves moving from state to state or even country to country. This frequent relocation – let alone a long-term deployment – can raise major jurisdictional issues in child custody cases. The UCCJEA aims to clarify some of these challenges by establishing a uniform approach to establishing jurisdiction. Under the UCCJEA, custody jurisdiction is generally assigned to the child’s “home state,” a.k.a. the state where the child resided for the six months leading up to the legal filing. Temporary absences, including those related to military service, are counted toward the six-month home-state period under the UCCJEA.

If the child has not lived in a single state for the full six-month period, jurisdiction may be assigned to the state with the strongest evidence of the child’s “significant connections.” This legislation helps prevent servicemembers and their former spouses from becoming embroiled in jurisdictional issues and ensures a child custody case is heard and determined by the civil court system to which the child has the most obvious ties.

Texas Family Code

While the SCRA and UCCJEA both offer valuable protections for active-duty members of our military, there are plenty of additional gaps that need to be filled in at the state level. The Texas Family Code offers additional guidance for custody determinations in cases involving military parents. Specifically, this legislation authorizes courts to issue temporary orders when one parent is deployed or mobilized for service, allowing a designated person to temporarily exercise certain rights during the conservator’s military duty until the deployed parent returns. The court may grant additional make-up possession time after deployment, provided that such a concession would be in the child’s best interests.

An attorney experienced in military-related custody issues can play a vital role in helping military parents take full advantage of the protections afforded to them by both federal and state law. With the right arrangement, deployed parents can find ways of maintaining contact with their children while they are physically separated from them and streamline the adjustment process upon their return.

Helpful tips for military families

If you are a member of the armed services and you are currently deployed or preparing for deployment, there are a few things you can do right now to protect your parental rights and set you on course for a temporary arrangement that supports a healthy relationship with your children – even from afar.

Here are a few things to consider:

1. Maintain your records: You should keep copies of deployment orders and related communications on hand so you can present them to the court when necessary.
2. Adhere to your agreement: Before deployment, it’s important that you honor your divorce or custody agreement to establish a clear baseline for future modifications.
3. Be proactive: Assuming the court gives you the green light, you’ll want to schedule your virtual visitation calls ahead of time and keep logs of your attendance to establish adherence to your agreement.
4. Consult with a lawyer: These cases can be legally complex, so it’s best not to go it alone. A military child custody lawyer will understand the ins and outs of virtual hearing and visitation agreements and can help you advocate for a fair and manageable arrangement during your deployment.
5. Cooperate, cooperate, cooperate: We get it – sometimes it’s hard to work with your former spouse. But deployment is often stressful enough without the added strain of heated custody disagreements. The more you’re willing to work with your co-parent, the more easily you can transition into and out of your temporary or virtual arrangement.

Military parents deserve to know that their rights are being preserved and protected while they’re away serving our country. With the right combination of personal knowledge, legal support, and flexibility, deployed parents can maximize the value of their virtual visits and maintain vital connections with their children.

Final thoughts

You shouldn’t have to choose between serving your country and serving your family. Visitation time is invaluable to parents and children alike, and virtual hearings and visitation options have made it possible to maximize this time – even from hundreds or thousands of miles away.

At the Law Office of Matthew A. Grimshaw PLLC, we understand the unique challenges men and women in uniform face when balancing domestic obligations with service requirements. That’s why we are firmly committed to helping members of the armed services protect and exercise their parental rights before, during, and after deployment.

Whether you’re preparing for deployment or looking to reconfigure your arrangement from a distance, our team may be able to arm you with the resources, counsel, and hands-on support you need to make visitation more accessible while you are on active duty. Contact us today to learn more.