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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33092
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a reservist who has been accepted to go active duty. I

Customer Question

I am a reservist who has been accepted to go active duty. I found out today I am being sent to Korea. I am currently married and have a young daughter, but my husband and I have been having problems. My question is this, If we sign a legal separation agreement before I ship to Korea will my daughter still be able to come with me? Or if we decide to separate once we are moved to Korea would she be able to stay with me?
Submitted: 1 month ago.
Category: Military Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

This will depend on your spouse...that is, if your spouse agrees? Easy...you can bring your daughter with you. But if not? You will need to hire an attorney and go to court to convince the court that having your child accompany you would be in the best interest of the child.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
Would it matter that if I sign the separation agreement before I leave that I'd essentially become a single mother? I know that with the Army they aren't too big on single moms. I don't want to end up losing custody of my daughter because the Army says so when my husband and I have agreed that I would have custody of her.
Expert:  P. Simmons replied 1 month ago.

These are two separate issues.

You will need a court order or permission from your spouse to bring your child overseas.

Your orders will dictate if you can bring dependents along or not...if you have accompanied orders, you can bring your child along with you.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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