Lost TEMP Custody Due to Military HELP?

Question

I am currently Active Army. I returned from 14 month in Korea, my husband and I decided to get a divorce (Colorada), while I at school, he took off with our 3-year old son - he called and told me after he left the state. I left school and got an emergency temp custody order for the return of my child. He took me back to court for temp custody (3 month later).

The Magistrate gave my son back to the father (in Nevada). He found that I put my military career above my child because I didn't get out when I was pregnant (I had 2 years in, and still would have had to serve 6 years in the reserves if I got out) and that I reenlisted (had I not "re-upped" I'd have 4 years in the reserves). Also because I had to go to Korea (involuntarily). The Magistrate stated "Mother serves her country, but not the child", "Mother has put her career above the best interests of the child".

Is this justice? Do I have a chance at permanant custody if we go to trail? Do I take this to the congressman?

-I am stablized in Colorado until mid 2010 when my contract is done - meaning I'm not deploying anytime soon, told the magistrate this.

Answer 1

I would start an appeal do to the fact it was agreed on already by you and your ex. Most would say that you are serving are country and should not be penalized for doing so. If you have a service that provides law help I would contact them. I don't think it is right. Because you are serving our country.

Answer 2

some judges are pricks and will indeed hold military service against ANYONE, male or female, seeking custody. Unless you can prove that the father is an unfit parent or that the Judge willfully discriminated against you due to your military service, you may not have much of a shot however.

If you cannot produce a Family care plan, regardless of your supposed stabilization orders, that will also count against you.

every choice we make has consequences. your choices to not get out and to re enlist are now being held against you. whether or not that is fair, I can't say. what can you show to prove that you did not abandon your child while in Korea? do you have proof of letters, phone calls, emails?

It is ultimately in the best interests of the child that the courts must make their decision. they may decide that the stablity of being with the father, who was the primary caregiver while you were in Korea to be a sufficient basis to award custody.

Answer 3

If you had permanent custody what type of work would you be doing to support the two of you? Would you stay in the military? If so, then no, you can not serve your country and be a full time single parent with sole custody. It doesnt work that way.

I'm sorry, you made a courageous choice to do one big thing that obligates you to serve time in other places at the whim of your country. You cannot be active duty being sent to possible combat zones and also be responsible for a child.
Two united parents could do that but not one on her own.

If you want a good shot at custody, get out of the military and fight for it. Or serve out your time out, get a civilian job and then fight for it. Its better for your child to have a stable environment and not be uprooted constantly and that is what the judge will rule on.

Answer 4

frequently, the apple would not fall farr rom the tree. feels like the spouse is enticing in unlawful activities. i might hire a private investigator few some weeks to persist along with her to convey the outcomes into the court docket. optimistically, there will be prof of prostitution, dRug usE, and so on. in fact, theis is a criminal count number aginst the spouse at that element. What I;'d additionally do is have her traced by utilising an criminal expert so some distance as history criminal information for her and every person she hangs around. in case you are able to not have the money for any of this, I;d teach my honorable discharge papers for particular to the decide. I;d herald evidence of my brother's not responsible of something she's claimed. id hire an criminal expert precise attempt to break her in court docket and have have her jailed. the only way you are able to incredibly opposite any of it rather is to coach she is a drug addict,. an alcoholic, is a new child abuser, brings drugs and Inito the abode, drives under the impact of alcohol, drives conversing on the cellular poohing at the same time as the new child is in the vehicle, endangering the new child. in case you get not one of the needed evidence, you will a minimum of have cleared your call,. it rather is critical for a physically powerful layer to take aside each an each between the claims she suggested on the checklist as authentic which she has sworn to. in case you have not any funds for any of this. try doing those your self as acceptable as you are able to. Divorce is grimy. determine you be attentive to daily on your heart in the indoors maximum corners that your spouse is the worst enemy you ever had. by no capacity forget approximately this. I actually have a matching tale wrth my ex, albeit not in the armed forces.

Answer 5

there was a news special on Fox News about this

There is a congressman from Ohio trying to get laws passed that a parents Military career cannot be held against them in matters of child custody

Sorry, I don't remember more. Check out www.foxnews.com

Answer 6

Look at it this way:

With you being out of the life of the child for long periods of time, is it really fair to the child to be put in your care only for you to be shipped back out again?

As long as you are enlisted in the Armed Forces for Active Duty, it is not likely that you will be given custody. If you really feel the need to care for your child, perhaps you should either retire, or request to be assigned a desk job locally.

Answer 7

Talk to JAG office they should be able to help. I new lots of single parents in the military.

Answer 8

Talk to your base legal office!!! They are the ones best qualified to answer your questions!