Child Custody and PCS move?

Question

My husband and I got custody of his 3 children over a year ago because the childrens mother decided to enter into relationship with an individual who had been convicted of child abuse before. My husband is in the military and we recently got orders to move to Japan. Due to this move can the children be removed and placed back into the custody of their mother? In Georgia where this is taking place, the move is considered a "material change in circumstance" to warrant a custody hearing again. Can they take them away and remove them from us and their 1/2 brother, due to my husband following his orders. Is there any protection for military members who have custody and have to PCS? Please help, losing my mind and maybe my children.

Answer 1

There is a guy at my husband's command that has full custody of his son, and when he received orders here to Italy with his new wife and baby, the court's allowed him bring his son over with them. The mother still has visitation, so they fly the little boy home a few times a year for that. Now, as far as who would have to pay for the airline ticket from Japan to wherever the kid's mother lives, I couldn't tell you. But since the kids are Military dependents, they will be allowed to take the MAC flights to the States, and then a plane ticket would have to be bought from whatever city the base is in that the kids flew into. They courts may require for her to pay the cost, but they also may very well make her and your husband split it.
I'm willing to bet if a judge ruled that these kids were better off with you and your husband then they were with their mom, that decision probably won't be reversed. Especially considering she is still in this relationship with a convicted child abuser.
I think that your husband being in the Military will look good, and the fact that he has you there to take care of the kids when and if he is ever deployed. They can't argue he'll be all alone over there raising the children with nobody to care for them when he is gone. I'm sure it will all work in your favor. Good Luck!

Answer 2

There are new laws for Military regarding child custody that make it easier for for the service member to have custody. As long as the mother is still considered unfit there shouldnt be a problem with getting to keep them. Just because another hearing can be granted doesnt mean the kids will be taken away. My husband is in the army and we were fighting to get his child support lowered because we just had a baby but the court raised it because the mom refuses to work and we dont have visitation like we did when we lived in the same state. Now we are trying to get custody. I dont think there is a judge in the world that will put these children in a home with a convicted child abuser. but you still have to go through the red tape. Good luck

Answer 3

Check with jag,but i would think that they will not remove the kids away from a home that they been living just fine there.
Especially back to a home were the boyfriend that has been convicted of child abuse.
It listens like you and your husband taken care of the kids and loving them.As long as you proof that you both will take care of them like the should then there would be no reason why not.
I`m sorry but the birth mother should never get them back anyway, if she is still with her boyfriend or not she made a choice to chose her boyfriend over her kids.......sure everybody makes mistakes,but this is a mistake you can never make as a mother.
I would never chose somebody over my kids NEVER!
If i would be a judge i would leave custody with you guys haven`t to move overseas is not a bad thing.
Good luck, hope you will get to keep your family together!!!

Answer 4

Being in the military may be a plus. This matter should be taken up with the Commanding Officer of your husbands unit. A change of location, is not the same as a change of circumstance. You may feel that your circumstances have changed, but it is not necessarily true. If your income drops to the point where you can no longer provide for your children, that would be a change of circumstance.

A Divorce Lawyer is also one you should consult if there is any doubt in your mind.

Answer 5

Their mother would have to prove that A: she's not still hanging around with the child abuser and B: that the kid's current situation sucks.

The MOTHER has to be the one to contest it, but frankly, the judges tend to side with military folks, believe it or not, because it shows stability.. they have housing and medical care, there is an adult to take care of them(you). It's complete on the mother's shoulders to prove to a judge that she is the better parent.

My guess is, unelss he's completely changed her ways, you won't have a huge issue. oh, yeah, and if the kids are old enough, they get some say in the decision, too.

Answer 6

I knew someone in a similar situation. He was able to keep custody, BUT every year after school let out, he had to take his daughter back to the states for the summer vacation so she could spend it with her mom. And I think it was every other Christmas that she went to her moms too. And he had to pay for every trip. (this was in Japan)
You will most likely get to keep custody, but the courts will keep the Mothers rights in consideration.
As for protection....go to your legal office on base. See what they have to tell you.
My brother who is not military went thru a horrendous ordeal with his ex.....the judge finally decided that neither one of them could move out of state and that they have joint custody. (that was in OK. though)

Good Luck

Answer 7

Since your husband is in the military, why don't you check with the legal affairs office on base. That's what they're there for.

Answer 8

beign an active member of our military will be in your favor and i see no reason why you can't take them to japan relax you will be fine now contact the base legal affairs and talk with them as to how you will do it