Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I am an active duty service member. I also am he custodial

Customer Question
parent of my daughter. Her...
I am an active duty service member. I also am he custodial parent of my daughter. Her mother was arrested for assault once and domestic violence another time. I need to know that if i take orders to another state, will i loose custody? Whay do I need to prepare. Myself for?
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 6 minutes by:
4/5/2016
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,446
Experience: Lawyer and current JAG officer.
Verified
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. This is not so cut and dried as that. There is no law that says if you accept orders to another state, you lose custody. There is also no law saying that accepting orders to another state automatically is fine. In any such circumstances, the court looks to the best interests of the child to determine what is acceptable and what is not. Now, a court is not legally permitted to make a decision based solely on your military service or the possibility of moving/deployment. However, it is a factor. The court will have to consider all the factors, to include any interruption of a current parenting plan/visitation structure. I think that you have the stronger position here, but judges are weird and they can make decisions based on a desire to maintain children in their jurisdiction, so that they have control. Statistically, you are fine, but there are always chances against, particularly in family law matters where judges have so much discretionary power. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,446
19,446 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,446 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My ex husband is deployed and apparently signed a "special
Hi! My ex husband is deployed and apparently signed a "special power of attorney" to grant his new wife the rights to what would be his visitation if he was in town. But there is no court order with h… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Can a person leave to the military pending a divorce and
Can a person leave to the military pending a divorce and child custody in litigation? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My husband has joint legal and physical custody of his
Hello, my husband has joint legal and physical custody of his daughters. We recently found out their step-Dad has orders to Hawaii. We believe he did not tell his detailer that his wife has joint cust… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I'm a civilian, I travelled out of state on an extended
I'm a civilian, I travelled out of state on an extended holiday trip that was set to last 2 months. My active duty spouse is now threatening to file for a divorce on desertion/abandonment grounds & se… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am currently 2 months pregnant and my childs father is in
i am currently 2 months pregnant and my childs father is in the military, he still has 4 more years to serve. he is trying to take my child and have primary custody. i need to know my rights as a mom and how to prevent it from happening … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have a custody case, and the opposing counsel just
Hello I have a custody case, and the opposing counsel just subpoenaed my husbands military records … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I'n in the Army and have a question. I have divorced and
I'n in the Army and have a question. I have divorced and remarried to another soldier. My divorce was messy and involved custody. I am not custodial parent but have 55- 60 % custody depending on the y… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
How can I get custody of my kids my ex husband left with out
How can I get custody of my kids my ex husband left with out letting me know he was going out on deployment for 7 mouths … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I have a dependent which I put it on my deers, I have a son
I have a dependent which I put it on my deers, I have a son but I'm not married, all my nco/s said I should be getting bah, I want to finance bt they said I need custody, I don't knw how to do that cz… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have shared custody (week on week off) of my 2 children
I have shared custody (week on week off) of my 2 children with my ex-husband. I just remarried and my current husband has joined the Army. He is set to graduate AIT in December. I want to be able to m… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Well I am divorced from a member of the US Army. We have
Well I am divorced from a member of the US Army. We have joint custody , my ex was active duty then went into the reserves. He is now saying he is active again tho I have seen no proof to try to get m… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My 15 year old son got in some trouble on the base and has
My 15 year old son got in some trouble on the base and has been barred off the base. His father has full physical custody and we have joint legal custody. His dad has alienated him from me and im conc… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
What rights does a parent (mother) have if the custodial
What rights does a parent (mother) have if the custodial parent(dad) leaves on deployment and the child was put in a treatment facility 2 days before leaving and the mother does not have P O A … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My son has joint legal custody of his children, he has just
Hello, my son has joint legal custody of his children, he has just returned from a 6 month deployment and his exwife is refusing to let him see them stating that this is not his weekend, what options … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My ex husband is active duty. He has primary custody of our
My ex husband is active duty. He has primary custody of our children and has refused rights to them unlawfully to me. He uses his power of custody to keep me from being able to be an integral part of … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I live in VA and have physical custody of my 1 year old. I
I live in VA and have physical custody of my 1 year old. I am in the military and have orders to move to CA. The father of the child is also in the military, but has been able to retire for 4 years. I… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Due to family child custody situation, I need to resign my
Due to family child custody situation, I need to resign my Reserve Commission - How quickly can I request for resignation to be effective? this is hardship situation with pending court hearing … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am an E5 in the Army with Joint Custody of my kids
I am an E5 in the Army with Joint Custody of my kids stationed in Okinawa Japan. I currently reside off post and I am being ordered to move in military barracks. My kids are Japanese and live in Japan… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x