my brother is going to try and get custady of his daughter.the mother is living in cali.he lives in texas.she is wanting to go into the air force.she has to sign over all rights to the child,but wants him to do the same so her new husband can get the baby. my question is how does he stand to full custody of her? any help is appercited.
2007-10-08 16:33:36 · 4 answers · asked by sexyhartley3 2 in Family & Relationships ➔ Marriage & Divorce
He needs to talk to an attorney. Since he's in one state and the child is in another there may be a jurisdictional issue. My fiance's kids are in Utah while we live in Wyoming but because they live with their mother for more than 6 months out of the year, they're considered residents of Utah and we had to go to court there to fight for custody.
As for the military issue, that will play little issue in who is granted custody.
Good luck!
2007-10-08 16:56:24 · answer #1 · answered by cgspitfire 6 · 0⤊ 0⤋
depends upon the judge and the attorneys.
most likely the judge will grant the child to the biological parent that can spend the most time with the child. however....with a good attorney on her end, he may only be able to get temporary custody of his daughter. if she is in school and already established, he may not get anything except increased visitation. judges rarely grant a change of custody unless the child is being harmed in the home they are already in. my mother was in the Air force and she took me with her. so was my stepfather. we went where he was sent. so it's possible that she may just take the daughter with her. and because it's the military....the judge won't make her relinquish custody to the father. he already in a different state anyway. so it wouldn't undo his visitation anyway.
so....get a really good jerk of an attorney. the really good ones are the rudest ones.
2007-10-08 17:27:29 · answer #2 · answered by Isabella S 4 · 0⤊ 0⤋
I would suspect that since he is in Texas that is where the divorce was granted? He needs to get an attorney asap. and file for custody himself. if she joins the service the child would go to the father unless she could show good reason why the child would not be safe with the father - your brother - for some reason or another.
2007-10-08 16:41:54 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
Actually, he has a better than average chance of being awarded sole custody if she is voluntarily placing herself in physical jeopardy (I.E. Joining the military during a time of war). Her wanting him to sign over his rights to her new husband is ludicrous. Is she mentally deranged? Have him retain a good attorney. He may be in for a fight.
Good Luck!
2007-10-08 16:41:09 · answer #4 · answered by CajunAsian 5 · 1⤊ 0⤋