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Military and Custody

Do military parents lose custody of their child(ren), and temporary custody given to the biological parent who only has visitation, when the military parent has to be away from the child(ren)? (i.e. for basic, job training, or deployments...) Or can the child(ren) stay with the step parent during my absence?
*Note, the military parent is married, but the said child is not of the current marriage.

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allen.moriahd

Asked by allen.moriahd at 6:04 PM on Apr. 3, 2011 in Relationships

Level 12 (771 Credits)
Answers (8)
  • There is a care plan in place for people who have to go through that. The plan designates who is to be in charge of the child/ guardian.
    ArmyWifeAshlie

    Answer by ArmyWifeAshlie at 6:09 PM on Apr. 3, 2011

  • It would be up to a judge to decide where the child would stay while the parent is deployed. It would be in the best interest of the child to stay with the SP so, they can continue at their school and stay home. But, bioparents can be jerks and not care what is best for the child.
    matthewscandi

    Answer by matthewscandi at 6:49 PM on Apr. 3, 2011

  • And no they don't "loose" custody at anytime unless they are proven unfit. They have to give the person caring for the child a POA for care of the child though.
    matthewscandi

    Answer by matthewscandi at 6:50 PM on Apr. 3, 2011

  • Thank you for the replies. I would never want for my son to be in his bio fathers custody for any period of time, except for visitations. Since the seperation 3 years ago, the visitation time and phone calls have been minimal, due to the bio father. He just today calls after 13 months of not seeing his son. The bio father doesn't have a home of his own, he lives in a 2 bedroom house with his parents, he doesn't have a stable life period.
    allen.moriahd

    Comment by allen.moriahd (original poster) at 7:40 PM on Apr. 3, 2011

  • If my SO's ex-wife gets sent out on a deployment his daughter comes to us as he is her only other legal guardian.
    Sparklecoon

    Answer by Sparklecoon at 10:54 PM on Apr. 3, 2011

  • Is your SO's ex-wife married? Does the daughter have a step-parent? See in my case, I have full custody of my son, and I would want my son to stay with my husband(his step-parent). But I am being told that I have no choice in the matter, that is I am out to duty, that my son automatically goes to my ex, which would not be in the best interests of him, since he is a very unstable person and not a good parent.
    allen.moriahd

    Comment by allen.moriahd (original poster) at 11:00 PM on Apr. 3, 2011

  • I think that the step will be able to keep the child while the husband is away doing his job. But I would ask a professional and get answers
    shelle21

    Answer by shelle21 at 11:16 AM on Apr. 4, 2011

  • I spoke with an attorney today, and he told me that no I wouldn't lose custody of my son, nor would my sone have to live with his biological father during my absence. I would just have to maintain the visitation that is set in place. if I don't abide by those, then I could possibly face some trouble.. Thanks to everyone for their response.
    allen.moriahd

    Comment by allen.moriahd (original poster) at 12:32 PM on Apr. 4, 2011

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