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Asked 6/24/2009

If I enlist in the military can my daughters father take custody of her?

I am enlisting in the Army I will be going to boot camp around the beginning of september. Right now I have full physical and joint legal I believe. She lives with me in my home and I provide all the things for her. When I am done with Basic Traing I will be stationed somewhere other than California. He now says that because I have been struggling with jobs the last few years that he believes that I am not stable for her. He only believes this because I will have to leave the state. Will a judge grant him custody on this basis only?

 
 
 
 
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Answer 1/2 - Submitted 6/24/2009

No. Remember, no matter what your husband says, the judge will look at the whole picture when it comes to your child's welfare. If you're providing for her, and she is happy and healthy, then the judge is unlikely to reverse a previous decision.

You may, however, wish to take a look at your parenting plan and make sure that it covers out of state moves.

Good luck in the military.

 
 

Answer 2/2 - Submitted 11/12/2010

If he is a civilion he will get custody.

 
 
 
 
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