Divorce Lawyer > File Divorce > Additional Possession Or Access After Deployment

Sec. 153.3162.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS AFTER CONCLUSION OF MILITARY DEPLOYMENT.  (a)  In this section, “conservator” means:

(1)  a possessory conservator of a child; or

(2)  a joint managing conservator of a kid without the exclusive right to designate the primary residence of the kid.

(b)  Not later than the 90th day after the date a conservator who is a member of the armed services concludes the conservator’s active deployment, the conservator may petition the court to:

(1)  compute the periods of possession of or access to the children to which the conservator would have otherwise been entitled during the conservator’s deployment; and

(2)  award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1).

(c)  If a conservator petitions the court under Subsection (b), the court:

(1)  shall compute the periods of possession or access to the described by Subsection (b)(1); and

(2)  may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that:

(A)  the conservator was deployed in a location where access to the children was not reasonably possible; and

(B)  the award of additional periods of possession of or access to the children is in the best interest of the them.

(d)  In making the determination under Subsection (c)(2), the court:

(1)  shall consider:

(A)  the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator’s deployment, as computed under Subsection (c)(1);

(B)  whether the court provided in an order under Section 153.3161 that a person exercise limited possession of the child during the conservator’s deployment; and

(C)  any other factor the court considers appropriate; and

(2)  is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator’s deployment, as computed under Subsection (c)(1).

(e)  After the conservator has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not deployed.

Since we have a large population of active military this does become an issue after deployments.  I can help you resolve any issues you may have with extended visitation & possession after deployment.