What Happens with Child Custody When One Parent Is Deployed?

 Posted on June 14, 2025 in Child Custody

If you are facing deployment from Fort Worth or elsewhere in Tarrant County, you likely have many questions about what this means for your relationship with your kids. Texas law offers specific protections to military parents, but the process can still be daunting.

At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX child custody lawyers for military parents understand from personal experience how overwhelming divorce and custody issues can be. Our firm fights extra hard to make sure every client’s case has strategic guidance rooted in experience — not only legal experience but real-life insight into the emotional and financial pressure many military parents feel when navigating divorce and custody. When necessary, we also bring special focus to high-conflict cases involving narcissistic spouses and complex property issues.

Can Deployment Change an Existing Custody Order?

Military deployment can only change a custody order temporarily. Under Texas Family Code Chapter 153, if a parent is deployed, they can request that the court issue a temporary order to change the current custody arrangement. The deployed parent can also designate someone, such as a grandparent or stepparent, to exercise the parent’s visitation rights during the deployment, if it is in the child’s best interest.

The non-deployed parent must receive notice and may object, but the court will consider both parents’ positions and ultimately decide what serves the child’s well-being. These temporary orders automatically expire when the deployed parent returns and the original custody order resumes unless the court finds a permanent change is warranted.

Will a Military Parent Lose Custody Because of Deployment?

Texas law explicitly says courts cannot use deployment alone as a reason to restrict or remove custody. Being in the military should not count against a parent’s ability to care for a child. However, the court will assess whether a temporary change is necessary during the deployment to make sure the child’s life stays as stable as possible.

What Can I Do Now to Protect My Custody Rights During Deployment?

If you are the deploying parent, it is important to notify the court and the other parent as early as possible. You should also talk to an attorney about a temporary custody order that says who can act on your behalf during deployment. If you are the non-deploying parent and you believe the proposed arrangement is not in your child’s best interest, you have the right to object and ask the court for a hearing.

Either way, preparation matters, and the more time you can give yourself, the better. The court will look at each parent’s history of involvement, communication, and support for the child and then make a decision based on the child’s best interests. Your lawyer can help you argue that those best interests lie in spending time with you. 

Contact a Fort Worth, TX Family Lawyer

If you are dealing with deployment and child custody in Tarrant County, contact a Fort Worth, TX family law attorney at The Law Office of J. Kevin Clark P.C.. We offer free consultations and work hard with every client to protect the precious relationship between parent and child. Call 817-348-6723 to get started.