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I’m a physician thinking about joining the army reserve but…

Hi, I’m a physician...

Hi, I’m a physician thinking about joining the army reserve but I’m in an acrimonious divorce and worry that this may have a negative impact on my custody- any thoughts

Lawyer's Assistant: Are you overseas or stateside?

Virginia

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

Yes I’ve brought it up with my recruiter

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

That’s all. Ok

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Answered in 30 minutes by:
3/21/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,673
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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It is unlikely to have any impact.
First, as a reservist, you are only required to "drill" once a month and 2 weeks a year. You would want to ensure that the custody order addresses this (ensure you do not have custody during the drill weekend or during the 2 week training)

IF you are activated (for example, your unit is called to duty for an extended period of time)? That COULD be a basis to have the custody order changed (since you are not around)...but you can address this in the custody order as well...for example, you agree that if you activate, the child will spend the entire time with the other parent until your return

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
Thank you. That all makes sense. To make sure I am understanding correctly: I would not be constrained to give up my primary physical custody due to - say- an argument made against me about an “unstable” lifestyle (meaning the ever looming possibility of deployment) but simply make arrangements for the children while I am away- whether with their father or with another family member. I imagine no judge would make me give up primary physical custody for wanting to serve- particularly not being active duty. Still, I ask because it’s a bit nerve wracking...Thanks again

No...no, that will not happen (or should not)...in my experience the judge will not hold your service against you...in fact (again, in my experience) the opposite is true...I see judges going to great lengths to accomodate the member.
Now, I will acknowledge that judges are people...with biases/prejudice (like all people)...so it could be possible your judge is "anti military"...but again, that is not my experience

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,673
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 4 months ago
Thank you!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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