I'm deployed in Iraq, serving in the Army based out of Fort Banning, Ga. I have 3 years left on my contract. I have joint custody, and visitation of my 5 yr old who has always lived with her mom in Washington, Pa. Due to my obligation to the Army I'm not always able to drive to Pa for my time with my baby. I pay child support, and I have always been on time for payments. Her mom just had two more kids, dose not have a job, but gets assistance, and keeps moving from place to place due to lack of funds, or eviction. When unable to find a place to stay. She stays with her mom, and step dad that's has a 1 bed room apt, who also moves around a lot. She just lost her HUD, and was evicted. Her cell phone is off, and I have no way of talking to my daughter witch is apart of are agreement. She fond a new place in the next county, but plans to have our daughter go back, and forth to her mom in the next county over to go to school. Is there anything I can do to get my baby? I'm married with 3 other kids to my wife, and own a house with more then enough room. Thanks for the help, and God bless.
Army solider in Ga wanting his baby girl in Pa.
- Thread Starter Durell
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Proserpina
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Unfortunately the short answer is:
Not while you're deployed. The court won't award you physical custody while you're deployed (and in many cases, merely being deployable is enough to convince a judge not to make the soldier parent primary custodian).
Not while you're deployed. The court won't award you physical custody while you're deployed (and in many cases, merely being deployable is enough to convince a judge not to make the soldier parent primary custodian).
Proserpina
Moderator
Even if. As long as she's staying somewhere she's pretty much fine, and the fact she's unemployed doesn't affect her ability to be a parent.
You'd be astonished at how low the standard of parenting has to be before a parent is, for example, declared legally unfit. To change custody once you're back you'll need to show a significant change in the child's circumstances.
Out of interest, exactly how much have you seen your daughter during the past 5 years?
(This may be an issue if you do file once you return)
You'd be astonished at how low the standard of parenting has to be before a parent is, for example, declared legally unfit. To change custody once you're back you'll need to show a significant change in the child's circumstances.
Out of interest, exactly how much have you seen your daughter during the past 5 years?
(This may be an issue if you do file once you return)
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As the years go by It kills me to see just how low the standard of parenting drops. I see her when ever we get a 4 day or more. I make the twelve and a half hour drive to see her. Her mom dose not want to try and meet me half way, or send her down for the summer when I can't get the days off to come get her. We talk on the phone just about every day as long as her moms phone is on.
Proserpina
Moderator
OK.
Give it a shot. When you get back, if your daughter is living anywhere else other than with Mom - ie with Grandma - file to modify custody based upon that (it's a valid reason). It never hurts to get at least an initial consult with an attorney, either. Unfortunately JAG can't help you with a family law matter as you probably know.
However - be prepared that if you're still deployable for this to remain an issue. And be prepared for your ex to lie her butt off and tell the court that she also lives with grandma :/
And thank you for your service
Give it a shot. When you get back, if your daughter is living anywhere else other than with Mom - ie with Grandma - file to modify custody based upon that (it's a valid reason). It never hurts to get at least an initial consult with an attorney, either. Unfortunately JAG can't help you with a family law matter as you probably know.
However - be prepared that if you're still deployable for this to remain an issue. And be prepared for your ex to lie her butt off and tell the court that she also lives with grandma :/
And thank you for your service
What state would I need to file in? Ga or Pa? Thank you for your help. Every attorney I try to talk to dose not want to talk to me unless I have thousand's of dollars.Our JAG dose not know any reasonable attorneys for soldier's in this kind of predicament. I have been looking for some one to talk to about this for a long time. Every one just pushed it off and said to let it go. Thank you too for your help. Its nice to see some people still care.
Proserpina
Moderator
You're absolutely welcome
You'll need to file where Mom and kiddo live; you can also try Legal Aid or see if there is a local law school or law clinic.
Or, you can file pro se without an attorney. PA is actually pretty pro se friendly and there's some really helpful info (and forms, actually) right here. It refers specifically to Mifflin County in PA but the information is more or less the same in other counties; all you need to do is call the local courthouse where Mom lives and they can tell you which forms you need for that county.
Good luck!
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