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Can someone be active duty military, and still keep full or primary custody of their child?

My husband is considering joining the military, but has just gained primary custody of two children and is currently fighting for custody of another. We have been told that if he joins, he will have to sign custody back to the mothers. We're just wondering if this is true or not.

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Chris0110

Asked by Chris0110 at 12:46 PM on Jan. 3, 2010 in General Parenting

Level 7 (176 Credits)
Answers (7)
  • ASk recruiter. I do know for example a mother joins she has to sign the rights of her children over if she is single.
    Mrs.Owen86

    Answer by Mrs.Owen86 at 12:48 PM on Jan. 3, 2010

  • Each situation is different but for the most part, he can keep custody of the children, especially if the mother is unfit.

    JeremysMom

    Answer by JeremysMom at 12:48 PM on Jan. 3, 2010

  • No, this is not true. If you are a single parent or both parents are in the military you must have a "Family Care Plan" in place. A Family Care Plan is basically paperwork stating who will care for your child(ren) when/if you deploy. I would assume this would be you since you're his wife so as long as your husband has a guardian in mind for his children while he is gone the judge should have no problem with it.
    vnw1405

    Answer by vnw1405 at 12:52 PM on Jan. 3, 2010

  • My friend has full custody of his two small children and is active duty. He plans on remarrying soon and will make his new wife guardian since the bio mother was abusive to the children and the state took them away from her.
    admckenzie

    Answer by admckenzie at 12:59 PM on Jan. 3, 2010

  • Well since they have a mom you wont have custody. So they would go with there mom if he deployed unless she agrees those kids can stay with you at your house. He still would need a Family care plan.
    aeroslove

    Answer by aeroslove at 1:38 PM on Jan. 3, 2010

  • our close friend has custodial custody of his child. He just had to get a family care plan in writing. His ex wife isn't even listed on it until 3rd. Its his current fiancee, than my husband and myself and then his wife. However she had to sign the papers to get her permission. But if he was married his current wife would be considered the guardian and I'd think that you would also fall under that. My husband is military too and we do not have to have a family care plan. It's just for single, widowed or divorced parents.
    pagirl71

    Answer by pagirl71 at 4:51 PM on Jan. 3, 2010

  • There are laws in some states, but not all, to protect military - it is not universal. There was recently a case where a female soldier came back from the middle east and her ex kept her teenage son - she had to fight for him in court. She won, because of where the case was but they made a point of saying on the news which states have laws, and which don't - I remember because they showed a map of the US.
    missanc

    Answer by missanc at 5:29 PM on Jan. 3, 2010

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