Granddaughters interests

[little_bird]

My son is getting a divorce, has a 2yr. old, in the military, right now everyone is stationed in Kansas. After months of trying to keep it civil & simple with taking care of the baby, he has had it with her being unreasonable. She has no job, no car, no place to live but my son is still letting her stay in the apartment, he pays for, drive his truck for errands and pays for everything of his baby. He has no problem with that, but she wants MORE and is keeping the baby from him. He wants to go for full custody.

Question 1: while they are working out the divorce & custody, is it LEGAL for my son to bring the baby to Arizona while this is hammered out? Does he need her permission, too?

Quetion 2: what is he up against or the best way to go about filing? If he is stationed in Kansas now, but is getting out soon and will be returning to his home state of Arizona and the ex- is from California and will be returning there (assumably) but may stay in Kansas, for all we know? Is there a difference what state is dictating his parental rights?

Thanks everybody!

 

[irish223]

My son is getting a divorce, has a 2yr. old, in the military, right now everyone is stationed in Kansas. After months of trying to keep it civil & simple with taking care of the baby, he has had it with her being unreasonable. She has no job, no car, no place to live but my son is still letting her stay in the apartment, he pays for, drive his truck for errands and pays for everything of his baby. He has no problem with that, but she wants MORE and is keeping the baby from him. He wants to go for full custody.

Question 1: while they are working out the divorce & custody, is it LEGAL for my son to bring the baby to Arizona while this is hammered out? Does he need her permission, too?

Quetion 2: what is he up against or the best way to go about filing? If he is stationed in Kansas now, but is getting out soon and will be returning to his home state of Arizona and the ex- is from California and will be returning there (assumably) but may stay in Kansas, for all we know? Is there a difference what state is dictating his parental rights?

Thanks everybody!

Generally, one files in their state of residence. However, with military divorces, I believe the rules are a bit different. I think he can file in Arizona since that's his home state, but I suggest that he check with a lawyer familiar with military family law to be sure.

It will be difficult for him to get full physical custody if the mother has been the primary caretaker IMO. He should be able to get joint legal custody, but if the parents plan to live in different states, it's likely that the mother will be awarded primary custody unless he can prove that she's unfit.

While the parents are still married, and until there is a custody order, they have the same rights to the child. Your son can visit Arizona with the child, but the mother can also keep the child from him. Without a court order in place, there is no way to enforce those rights.

 

[little_bird]

Thank you... The divorce has been filed, I suggested they go thru Mediation (less expensive) So, he can tell her, 'I am sending our daughter to my parents' house while we settle this'...and it's legal, even if she gets all mad and says, 'no'?

Question: In the military they automatically deduct your child support from military pay, do you know that once you are discharged and go on unemployment (much lower pay) does the support money stay the same & you have to go to court to have it adjusted? What type of facts, deems 'unfit'?