Military Duty of Conservator
If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator’s residence so as to materially affect the conservator’s ability to exercise the conservator’s rights and duties in relation to a child, either conservator may file for an order under subchapter L of chapter 153 of the Family Code (“subchapter L”) without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.702(a). “Military deployment” means the temporary transfer of a service member of the armed forces of Texas or the United States serving in an active-duty status to another location in support of combat or some other military operation. “Military mobilization” means the call-up of a national guard or reserve service member of the armed forces of Texas or the United States to extended active duty status but does not include national guard or reserve annual training. “Temporary military duty” means the transfer of a service member of the armed forces of Texas or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. Tex. Fam. Code § 153.701(2)–(4).
The court may render a temporary order in a proceeding under subchapter L regarding possession of or access to the child or child support. Such a temporary order may grant rights to and impose duties on a designated person regarding the child, except that, if the designated person is a nonparent, the court may not require the designated person to pay child support. Tex. Fam. Code § 153.702(b), (c). “Designated person” means the person ordered by the court to temporarily exercise a conservator’s rights, duties, and periods of possession and access with regard to a child during the conservator’s military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.701(1).
After a conservator’s military deployment, military mobilization, or temporary military duty is concluded and the conservator returns to the conservator’s usual residence, the temporary orders terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.702(d).
§ 45.2Military Duty of Conservator with Exclusive Right to Designate Primary Residence
If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty, following a prescribed order of preference. The first choice is the conservator who does not have the exclusive right to designate the primary residence of the child. If appointing that conservator is not in the child’s best interest, the next choice is a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. If appointment of neither of these persons is in the child’s best interest, the court should appoint another person chosen by the court. Tex. Fam. Code § 153.703(a).
A nonparent appointed as a designated person in the temporary order has the rights and duties of a nonparent appointed as sole managing conservator under section 153.371. The court may limit or expand the rights of a nonparent named as a designated person in such a temporary order as appropriate to the best interest of the child. Tex. Fam. Code § 153.703(b), (c).
Visitation in Certain Circumstances: If, under the provisions described above, the court appoints the conservator without the exclusive right to designate the primary residence of the child, the court may award visitation with the child to a designated person (“designated person for visitation”) chosen by the conservator with the exclusive right to designate the primary residence of the child. The periods of visitation must be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. Tex. Fam. Code § 153.704(a), (b).
The temporary order for visitation must provide that (1) the designated person for visitation has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child’s other conservator and the designated person for visitation are subject to the requirements of Family Code section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person for visitation has the rights and duties of a nonparent possessory conservator under Family Code section 153.376(a) during the period that the person has possession of the child; and (4) the designated person for visitation is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. The court may limit or expand the rights of a nonparent designated person for visitation as appropriate to the child’s best interest. Tex. Fam. Code § 153.704(c), (d).
§ 45.3Military Duty of Conservator without Exclusive Right to Designate Primary Residence
If the conservator without the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may award visitation with the child to a designated person chosen by the conservator, if the visitation is in the child’s best interest. Tex. Fam. Code § 153.705(a).
The temporary order for visitation must provide that (1) the designated person has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (2) the child’s other conservator and the designated person are subject to the requirements of Family Code section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person has the rights and duties of a nonparent possessory conservator under Family Code section 153.376(a) during the period that the designated person has possession of the child; and (4) the designated person is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. The court may limit or expand the rights of a nonparent designated person as appropriate to the child’s best interest. Tex. Fam. Code § 153.705(b), (c).
On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator’s military duties have a material effect on the conservator’s ability to appear in person at a regularly scheduled hearing. Such a hearing must, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. On a motion by any party, the court must, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. Tex. Fam. Code § 153.707.
Temporary orders rendered under subchapter L may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.708.
§ 45.6Additional Periods of Possession or Access
Not later than the ninetieth day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator’s military deployment, military mobilization, or temporary military duty, the conservator may petition the court to compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator’s deployment and award the conservator additional periods of possession of or access to the child to compensate for those periods. Tex. Fam. Code § 153.709(a).
If the conservator thus petitions the court, the court must compute those periods of possession or access to the child and 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 the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible and that the award of additional periods of possession of or access to the child is in the child’s best interest. In determining whether to award the additional periods of possession, the court must consider the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator’s military deployment, military mobilization, or temporary military duty; whether the court named a designated person under Family Code section 153.705 to exercise limited possession of the child during the conservator’s deployment; and any other factor the court considers appropriate. The court is not required to award additional periods of possession of or access to the child that equal the computed periods of possession or access to which the conservator would have been entitled during the conservator’s military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.709(b), (c).
After the conservator has exercised all additional periods of possession or access awarded, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Tex. Fam. Code § 153.709(d).