I'm currently married to someone who is in the Air Force (active duty) and i am wanting to get into the navy. But we are having problems and I'm wanting a divorce but am afraid to file because we have 3 children and I'm afraid if I file for divorce and then give him temporary custody of them while I'm in basic training and tech school he'll be able to get permanent custody of them and i wont have primary custody of my kids. Is this possible?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Yes, that is possible. That is, if you give up custody of your kids, it may be a difficult time to get back custody.Now, the judge would decide this matter based on "what is best for the kids"....so its certainly possible that you can get them back as well.But if you transfer custody....they only way to get custody back is to return to court and ask the judge to give you custody again. If the dad contests this, then you both would present evidence to the court as to who should have custody. If your situation with the Navy (for example if your assigned to a ship) will not have you home every night? Then it may be the court allows dad to maintain custody.Let me know if you have more questions
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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