need some help here with gaining custody...soldier overseas

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dhirocz

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I am a soldier deployed overseas and the mother of my 7 month old daughter has been becoming increasingly negligent and selfish in how she's raising not just my daughter but her other one as well. She went back to her ex, and turns out she never got her divorce so technically they are still married. He has had a history of domestic violence and abuse both in growing up and in marraige.

The mother has become a habitual liar, backstabber, and doesnt hesitate to put the kids in harms way in favor or her own wants. Turns people against each other and cannot manage money or a family either. Now I have the introduction of this guy back in her life and I come home on leave in Feb. for 14 days.

There's more to it than this... this is a 2 year long saga. This is the bare minimum. There has been drug abuse, suicide attempts, alcohol, and other serious things in the mix. Now she refuses to get the birth certificate fixed in my name, most likely in hopes of keeping me from having parental rights. I believe she is trying to get my stuck on one military post when I redeploy from here, so she can take off with my daughter with her 'ex' to another. She already asked me once or twice to just 'turn my back and forget'.

I doubt 14 days is enough time. What can I do? I have 6 or 7 witnesses that are willing to testify as character witnesses about what kind of person she is, not to mention proof of most of her lies, photos of hand shaped bruise marks on her, holes in the wall at their old residence, etc and police department records are available with things such as her 'fearing for her life' while I was present, since he was there without calling.

I cant let my daughter get raised in that environment. I dont care about the mother anymore, just my daughter. All I have is a DNA test with the mother, myself and my little girl on it. Nothing else.

Thanks to anyone who can help. Jag and military chaplains are more about the army than my daughter so I figure my best bet is to go civilian.

-Dave
 
I don't know what else to tell you but that you probably are going to have to hire a civilian lawyer in the state where mom and daughter are. If mom is still married, her husband is likely the legal father and you technically have no rights.

If JAG will not help you (which is surprising) then you need to get a civilian lawyer to file an affidavit of paternity and file for custody and or visitation rights. I will tell you though, that you being in the military and deployed it is going to be very hard for you to get custody but you can sure try. Paternity needs to be legally established first through the courts, then you can ask for custody. An attorney can best guide you.
 
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