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Visitation when 1 parent in is military

My husband is seriously considering rejoining the military.He has 2 small children with his ex. Does anyone know how that would work? Does it vary state by state? Would it be just summer vacations and winter breaks? Can his ex fight it? IF he were to get deployed, would I still be able to get them? I also heard (from my bil who is in military) that if she were to "mess" with the visitation, DH most likely would get custody b/c its messing with a soldiers morale. Any help would be appreciated!

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Asked by BunBaker at 11:34 AM on Jan. 12, 2010 in Relationships

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Answers (2)
  • If he is deployed then no you would not be able to get the kids. The visitation is for their dad not their step-mom. You might be able to swing it a bit if you have kids with him as well because they would be able to spend time with their brother or sister. But it would be a little tough. With him in the military your BIL is right. He could easily get full custody. But that would be another battle in itself. It all depends on what the visitation is now. If he has them every other weekend then that wont happen. But my friend who is in the army gets his 2 kids every summer, spring break, and then it rotates on christmas and thanksgiving. It will go by the state that the children live in. So where ever his ex lives thats who will decide what will happen with the visitation.

    Answer by Anonymous at 11:39 AM on Jan. 12, 2010

  • My bil is deployed right now. His wife gets all of his children for visitation (he has four that are not hers and they have none together). You can try talking to his ex and see if she will allow you to see the children. She may be happy to let you see them to give herself a little break :-) kinda free babysitting :-). Good luck!

    Answer by Jjoneslagrange at 11:52 AM on Jan. 12, 2010

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