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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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I am an active duty service member. I also am he custodial

Customer Question

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
Expert:  Allen M., Esq. replied 1 year ago.
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.
Expert:  Allen M., Esq. 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.

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