Legal Question in Family Law in Texas

Deploying soldier

What rights does my wife have over my daughter while I am deployed. We have custody of her and I am worried my daughter's mother will try to take her while I am gone.


Asked on 7/13/07, 12:05 am

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Deploying soldier

Effective 9/2007, the Texas legislature has addressed more military deployment family law issues.

The TX Family Code is available on line. Go to any search engine and type in Texas Family Code.

If you have custody, it will NOT change unless your ex files for a modification.

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Answered on 7/13/07, 12:24 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Deploying soldier

In addition to what Mr. Brochstein stated, if you get an indication that your daughter's mother is trying to take her while you are forward deployed; contact your area JAG as soon as you find out anything. There are certain specialized procedures under federal laws, such as the Servicemembers Civil Relief Act (SCRA), which are in addition to the state specific items and they all will assist you. Your area JAG officer will be able to assist you while you are forward deployed and defending our country. Even though I am a Vet who left active duty to attend law school, I would like to say Thank You for your service. If my firm can be of any further assistance to you, please contact my office manger Mr. Ed Smith ([email protected]).

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Answered on 7/15/07, 6:25 pm
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: Deploying soldier

Yes she does have rights.

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Answered on 7/19/07, 6:42 pm


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