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I would like to know what legal recourse/rights a father has…

I would like to...

I would like to know what legal recourse/rights a father has in regards ***** ***** child he shared joint custody with the mother has if did not know his ex is now in the military, she is active duty. She never told him she was joining. Has gone thru boot camp and just completed AIT, she informed him 3/9 she will be moving to Kentucky as her report date is April 8th

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No, he literally just found out on Friday all of this. He is going to hire an atty but feels as if chain of command or JAG should know as well. She told him she is moving and taking his daughter and there is nothing he can do about it

Lawyer's Assistant: Has anything been officially filed?

Not yet, the original custody case is in a county they no longer live in so the atty he has been talking to will need to file a change of venue. We are waiting on them to get back with him about taking the case.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The father is a veteran as well. Also the mother has done this before. Her husband is also a veteran. When the child was 3 or 4 the step father got orders to another state and the mother waited 2 weeks before they needed to be there before advising the child's father. She has a history of not honoring visitation as well as holidays. His concern is also the child has been told not to tell her father. Currently the mother has not returned to the state where the child lives, she is in the care of her step dad

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Answered in 6 minutes by:
3/12/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

is the question on how to obtain child custody based on the unauthorized move?
Does the current court order state the other parent's permission is required to relocate the child?

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Customer reply replied 1 month ago
the father does not want the ex to take the child. She withheld this info from him and just now tells him when her report date is just a few weeks away. He wants to know also if she was required before signing her contract with the military to disclose she has a child that the father has joint custody
Customer reply replied 1 month ago
I would rather not have to pay $59 to talk if I can get some advise/answers this way. I am the grandmother of the child. It is my son who is trying to exercise his rights as a Father who has joint custody if his child

Thank you;

Under article 83 of the UCMJ concealing or misrepresenting information in order to serve is a criminal felony punishable by up to $10,000 in fines and 3 years imprisonment.

If the court order does not require a parent's consent to relocate, the parent that is not relocating may still petition the court, requesting a modification of custody based on the child's changed circumstances.

The court will look to the best interests of the child to determine what is best for the child. If there is a history of parental alienation (where one parent actively seeks to undermine the parent child relationship) that may also be considered since that has negative affects on both the child and parent.

I just got your last post-that is autogenerated so please ignore any additional requests as I don't participate in that program.

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Customer reply replied 1 month ago
Should my son contact someone with JAG at the nearest Military post which is Ft. Leavenworth in regards ***** ***** situation, he believes the ex has been less than truthful in regards ***** ***** shared custody when she joined.

That is a personal decision of course.

If they do investigate it will come down to her particular commander and whether they feel it warrants an investigation (the commander is given great discretion in deciding what cases to pursue).

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Customer reply replied 1 month ago
Ok. Would she be required to have the father sign any sort of affidavit notifying him she is in the military especially since they share joint custody. If she is out of the state, wouldn't the care of the child fall to the biological father who has joint custody? The same question if she would be deployed, which is always as possibility. She is a combat medic.

There is no requirement of an affidavit notifying of military enlistment.

There is an expectation that the military parent will formulate a child care plan in the event of deployment, death etc:

https://www.cafconnection.ca/National/Programs-Services/For-Parents-and-Caregivers/Child-Care/MFRC-Emergency-Child-Care-Plans.aspx

The child custody order would determine who has primary custody and if deployment is not addressed the biological father would be able to petition the court for a change of custody based on the change in circumstance.

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Please see as well:

https://www.americanbar.org/portals/public_resources/aba_home_front/information_center/family_law/children/custody/custody_during_deployment.html

further questions please post here otherwise kindly rate 5 stars if you feel I have earned it.

The above information is for educational and informational purposes only and no attorney client relationship is formed on this public forum.

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Customer reply replied 1 month ago
Thank you for your assistance.

You are most welcome.

Thank you and the best to you and your grandchild. (additionally when parents are divorced or are never married, a grandparent may petition for visitation as well, which is separate and apart from their adult child's visitation).

legalgems
legalgems, Lawyer
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