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child custody in virginia

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  • child custody in virginia

    I am a 25 year old mother of two beatiful little boys 2 and 5. I am a member of the Military. My son father was given full custody of my son because I was being homeported to Italy. This is a place where you are allowed to bring your kids. Keep in mind my son has not seen this man in five years. The only reason he appeared then was because I summon him to court for DNA testing to prove to his wife that my son was his. And then he was ordered to pay childsupport. Then he wants to play daddy. At first she awarded me custody. She gave me 30 days to send proof to the courts in virginia that I have housing and school establish. The reason why I couldnt do this from virginia is because I had to be there first. then he decides to go do a emergency appeal saying that i was keeping him away from his son and that i was fleeing the country. she gave me until 1 of march to provide these documents. during the emergency hearing on the 13 of jan. she ask me why i dont have a place. I said i havent even left the country yet. i was suppose to leave on the 14. Now my son is living with this man, his wife, her niece and his mother in law in a three bedroom. Why did they take my son from me? My son is upset. he constantly cries he has been there a month. and he ask me mommy are you mad at me? All because i am in the military. stationed on a ship. I am now taking this to circuit court. and the military is bringing me back to the states where i belong to be with both of my sons,. why would they seperate brothers. and do they consider what is best for the child. who fault isnt if the courts do not understand military lifestyle.

  • #2
    The court is concerned with the best interest of the child and not your military lifestyle. Consult the JAG office for Legal Assistance immediately when you get back and ask them to represent you. They should be able to assist you in seeking interim custody of your children and permanent primary custody. Of importance also is showing that you are stable and have a proper home for the children also, so make sure you get family housing. Good luck and remember it is about the best interest of the kids first.

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    • #3
      if you haven't resolved it by now here is the link to answers

      http://family-law.lawyers.com/child-...-Military.html
      Child Custody Issues Involving the Military
      Text Size:


      Lawyers.comsm

      Courts determine child custody arrangements based on the best interests of the child. Under this standard, courts decide custody issues based on what would serve the child's overall well-being. Many factors are used in the best interests analysis.
      A parent's military service can present child custody issues. Military parents risk losing child custody when deployed. If you're in the military, your service may present special child custody issues, and it's often best to seek a lawyer's advice.
      Military Deployment
      Military parents may have to serve in a foreign country. They may have to give up custody temporarily. However, upon returning home, they sometimes face difficult custody battles.
      Courts may find that it's best for the temporary custody situation to be made permanent, based on the child's best interests. Military parents are in a sense, penalized for their service.
      Stay of Custody Proceedings
      If a military parent leaves a child with a step-parent or a relative during deployment, the other parent may file for custody of the child. Often, temporary custody is sought, then permanent custody. Service duties often make it hard for military parents to fight a custody battle.
      The Servicemembers Civil Relief Act (SCRA) is a federal law that allows military personnel to stay civil proceedings during military activation. A stay is a temporary suspension of a legal proceeding. However, many courts don't follow SCRA when it comes to child custody. They believe that the best interests of the child outweigh any federal legal protections to military parents.
      State Laws Protecting Military Parents
      Many states believe that military parents should be able to regain custody after they return. They shouldn't be penalized for their service. These states have passed laws that protect parents while they're deployed.
      In these states, laws provide that permanent custody changes can't be made because of a parent's military service. Any temporary custody changes made because of deployment revert to the original arrangement when the parent returns from duty. More than 20 states have military custody protection.
      Court Authority
      Relocation based on military service can make it difficult to determine what court has jurisdiction or authority in a custody case. If a military has lived abroad for some time, it's possible that a foreign country's court could have authority.
      Usually the home state court will maintain authority if the child or parents are only temporarily absent from the state. If a military custodial parent is relocated, the court has to determine whether the parent and child are temporarily or permanently absent from the state.
      Enforcement of Child Custody
      If a military parent wrongfully takes a child, the other parent might have problems enforcing custody rights. The Army does have regulations requiring service members to obey court custody orders. All military services maintain locator services that have the location information of military personnel.
      Questions for Your Attorney
      Can the court take away my custody rights if I am deployed to another country?
      Does my new spouse automatically receive legal custody of my child if I am deployed overseas?
      If I am deployed to a different country, can I stay a child custody modification proceeding until I return home?

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      • #4
        antoinetteg, please do not reply to old threads. Thanks.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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