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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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Hello. I am a Soldier and while I was deployed for 15 months,

Customer Question

Hello. I am a Soldier and while I was deployed for 15 months, why wife had an affair for the last 10 months of my rotation. She left my 11yr old son and 5yr old dauther home alone on the weekends to be with him. She never called to check on them and if they called her she would not answer. My son once asked her where do sleep, she told him to mind his own bussiness and do not tell your father. Can I get my kids if I devorce her. I have proof of the relationship and my son was the one who told me how she always left him alone with his sister over night. The guy she was with is a goverment employee can he be punished for his actions. They hurt my kids while I was away defending our freedom
Submitted: 8 years ago.
Category: Family Law
Expert:  dkennedy replied 8 years ago.

Hello glcool,


You have a good chance of getting placement of the children under the above facts, but there are other considerations. Your wife, while being neglectful, has been the children's caretaker while you are in the military, and the courts look at that to determine physical custody.


Also, since you are still in the military, the courts will wonder who will care for the children while you are working, or possibly even deployed again.


These are things you will have to work out before your final court hearing on custody. But, I think you have a good chance. Remember, however, that the court will likely not talk to your son under any circumstances. Call your wife's boyfriend as a witness and he might tell more than you expect.

Good luck.

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