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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37854
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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They found no reason to give my daughter back her child once

Customer Question

They found no reason to give my daughter back her child once she returns from deployment, but yet the judge gave the father that wanted nothing to do with his child total custody, now when she returns she has to fight to get her back, she has been taken care of my grand child alone, but once she went to court to get child support that is when the father wanted it reversed that he keep the child so he could receive child support, he cares less about this child; it was clear to see his attorney and the judge had some under handed deals going on. who do you get to look deep into this case, the are in the Navy. Mothers appear to be losing there children when they go on to deployment. What has this world turned into. We must move forward when we serve our country.
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

Perhaps there is something else going on here that I am not aware of. Of course, if a mother is deployed in the military on a remote assignment, the natural father would be the likely candidate to have custody of the child during the deployment.

Additionally, just because the mother returns from deployment does not mean that the court must then award primary custody back to her. The court could, and aparently did, take the position that under the circumstances, that the best interest of the child would be served by allowing the father to continue being the primary physical caretaker of the child. However, the court certainly would allow the mother routine visitation, and I presume that this was done.

The court may be concerned that it would be potentially confusing or disruptive to give the mother primary custody again, just to have to turn around months down the road and return it to the father while your daughter is once again deployed.

I do empathize with what you daughter is going through. If she were to get out of the military I strongly suspect that things would be different, and that she could gain primary custody of her child.

I wish you and your family the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,