I am leaving for Army basic in 10 days. I have a daughter from a previous marriage and am remarried. My daughter will be staying with her dad for the 6 months I will be gone. I have joint custody, he sees her every other weekend. He is really mad and saying that i will not be able to move out of state with her Army or not. Can he do anything? Can he try to get custody while im in basic/AIT? And if he does try at any point do you think the fact that I am in the military work for me or against me?
2007-08-11 14:44:47 · 4 answers · asked by Anonymous in Politics & Government ➔ Military
See a lawyer.
2007-08-11 14:52:48 · answer #1 · answered by prettycoloredrocks 3 · 2⤊ 0⤋
This is a large problem that military people deal with all the time. And yes, your military service could be held against you, it was just in the news not long ago, this same problem.
The courts don't care about your service when it comes to the "best interests of the child". Your possibility of deployment, frequent moves, etc, could be viewed as a unstable lifestyle by a Judge. You may want to reconsider the military life right now.
2007-08-11 15:16:02 · answer #2 · answered by jonn449 6 · 1⤊ 0⤋
what does the current custody agreement say? if it says you cannot move her out of state, you can't. you will have to renegotiate the custody agreement if you want to be able to move out of state with her.
Yes, he can try and get full custody. the fact that you are remarried will help but as to whether your military service hurts or helps will depend on the judge.
2007-08-11 14:59:10 · answer #3 · answered by Mrsjvb 7 · 1⤊ 0⤋
Your daughter has a right to a relationship with her father and her father has a right to a relationship with her. If he takes you to court there's an excellent chance that the judge will NOT permit you to remove the daughter from the state.
2007-08-11 15:05:21 · answer #4 · answered by Yak Rider 7 · 1⤊ 0⤋