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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103924
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer Question

I am writing to you in hopes and prayers that you can help my son. He is in the Marine Corp stationed in South Carolina. His wife left him 2 1/2 years ago and he has raised his two sons by himself since then. His X moved back to Wisconsin. She has come back now after all this time and is fighting for custody of the boys. They have only been under a temp custody order of 50 50 all this time. Even though she has only seen them a few times a year and that is when my son goes home to wisconsin to visit family he takes the boys to her. Anyway he just met with the guardian et litem in the case and was told that laura is going to ask for a paternity test on their oldest boy who is 4 as she is claiming now that Chance is not his father. He suggested to Chance to work something out before court with her as if the test proves that Chance is not the biological father he will lose all rights to Davon and he will automatically be given to Laura. The GEL is also telling him that because of the possibility of deployment (which is remote considering the Corp has kept him here because of the boys in the first place) Chance will likely lose the case anyway. Chance is devastated over this news. If she takes Davon he will give up the youngest as well because he refuses to seperate the boys, he feels it will be devastating to them to be seperated. He and boys have been together, go everywhere together and they are so attached to him and he to them this could be a mental disaster for these boys. We are so worried about what this would do to them. They hardly know their mom. Chance has Davon in a special program with doctors and much more because they believe him to be mildly autistic, his mom absolutely says their is nothing wrong with him, she is the kind of person who would be embarrassed over saying her child is autistic. Chance is sick with worry about what is going to happen to him without the proper help. He has progressed so much and is at risk of regressing to worse than before being away from his dad. And the youngest never leaves daddy's side, he is totally devoted to his dad, and his mom has approached Chance several times about her taking Davon and Chance taking Dominic as she says she cant look at him without seeing Chance and she hates that. My God what kind of a life will he have. How can the courts even consider taking them away from him. He feels so helpless. He and his whole family have accessed every financial resource and are in debt of thousands and thousands of dollars and we have no more so chance is trying to continue representing himself and now with the GEL basically telling him he either gives her the kids or risks not having any rights to Davon and the courts will probably rule against him anyway due to the fact he is in the service has crushed him and made it all seem so helpless. There is so much more to this story, like when she kidnapped them and took them to Wis it took Chance 3 months to get them back and huge huge atty bills. I am turning to you in desperation. What can he do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
The first thing he needs to do if these children are as important to him as you say, and I believe they are, is to get himself an attorney. I know attorneys are expensive but he needs to start by going to the JAG office on base and asking for their assistance to find an attorney who would be willing to work with a military member and there are MANY retired military members out there who are now attorneys and will work with him to assist him in this matter. HE can also go to legal aid and also call the state bar and ask for the pro bono attorneys in the area for assistance. The issue here is that if he is found not to be the biological father he would have no claim to the child, but he should still do the test. However, the GAL is not completely accurate that he would lose the other child because of his chance of deployment because if that were the case it would be discriminatory based upon his military membership and it would be ILLEGAL and you need to let your son know that.

Do your son the biggest favor you can do here and get him an attorney somehow to represent him, it may take a little time to look to find one, but it will be worth it.

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