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Military - Transfer of Jurisdiction

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  • 02-18-2013, 11:40 PM
    NurseA
    Military - Transfer of Jurisdiction
    My question involves a child custody case from the State of: Tennessee & California

    My case is currently going on in Tennessee. My son is six months old (I was unwed so given default custody) dad has visitation every 30 days for ten day periods. I was activated as an Air Force Reservist to Active Duty and moved to California from Georgia. This visitation arrangement requires me to fly back to TN every 30 days so I have to take off two days from work. Then take off another day to drive an hour and a half to drive to pick him up from his dad from the airport. The Air Force says they cannot accommodate me being off anymore and I will be AWOL (Absent without Leave) and criminally charged under the uniformed code of military justice. I have asked for a stay in proceedings under the Service Member's Civil Service Relief Act and was denied. I can't afford the plane tickets to keep flying to Tennessee for hearings, depositions, mediation etc. and the Air Force says its " incompatible with military service " and no one seems to care they are leaving me with either being in contempt of court or AWOL. My sons pediatrician has written letters to ask for this to be changed and the magistrate will not look at it since he was not a Tennessee " court expert " I don't know what else to do and I am out of money. Will my baby be taken if I cannot comply with the order? My sons care provider, doctor, family and me are here in California, I do understand the UCCJEA is very specific about continuing jurisdiction but is there anyway I could transfer it to here in California because I just cannot travel anymore and I don't think my infant should have to either, further, I was sent here to take up the burden of our nation. My son is suffering with this instability every 10-20 days. Please help.....
  • 02-19-2013, 03:44 AM
    free9man
    Re: Military - Transfer of Jurisdiction
    Quote:

    Quoting NurseA
    View Post
    and the Air Force says its " incompatible with military service "

    The military is not exactly known for being agreeable to single parents. That's service-speak for you need to be making a decision about your career. What do you plan to do with your child if you are deployed? The father will likely be first in line to keep the child if you are deployed.

    Quote:

    Quoting NurseA
    View Post
    and no one seems to care they are leaving me with either being in contempt of court or AWOL.

    Actually, you do have 2 other options. You won't like either one but they are there. Give custody to the child's father or request a separation from the service. Depending on how things shake out, that may result in a general or OTH discharge so I'd speak to your base legal office before doing that.
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