Ex is in Jail, Do I Automatically Get Custody of My Daughter

My question involves child abuse or neglect in the State of: West Virginia.

I'm in the military, stationed in a different state. My ex and daughter live in WV. I got a call last week saying that I needed to be in court the next day because my ex was in an drinking and driving accident with my 10 year old daughter and her 4 year old step sister in the car. My ex is now in jail awaiting trial and the kids are with a foster family.

I went to WV for the trial and I believe the judge granted me custody, but because I live in the barracks (no children allowed), she can't live with me until I get a place that allows children and provide a care plan (I will be deployed in three months). We have the final custody hearing next month.

I thought the judge said that my daughter will go to my parents until I get back from deployment (I am fine with this), but in talking with ex's family, they are saying that because the court doesn't want to split the sisters up, so custody will go to someone who will take both girls (the little sister's father doesn't want her). My parents (who live in a different state) are willing to take both girls until I'm back from deployment.

I am current on child support and I see my daughter every time I have leave (if my ex cooperates with the custody arrangement. sometimes she doesn't, and because my leave time is limited, by the time I file paperwork, it's time for me to leave again).

Does my ex have the right to choose who gets the girls, or do I have first rights to have my daughter?

Quote:

---

Quoting rman79

---

My question involves child abuse or neglect in the State of: West Virginia.

I'm in the military, stationed in a different state. My ex and daughter live in WV. I got a call last week saying that I needed to be in court the next day because my ex was in an drinking and driving accident with my 10 year old daughter and her 4 year old step sister in the car. My ex is now in jail awaiting trial and the kids are with a foster family.

I went to WV for the trial and I believe the judge granted me custody, but because I live in the barracks (no children allowed), she can't live with me until I get a place that allows children and provide a care plan (I will be deployed in three months). We have the final custody hearing next month.

I thought the judge said that my daughter will go to my parents until I get back from deployment (I am fine with this), but in talking with ex's family, they are saying that because the court doesn't want to split the sisters up, so custody will go to someone who will take both girls (the little sister's father doesn't want her). My parents (who live in a different state) are willing to take both girls until I'm back from deployment.

I am current on child support and I see my daughter every time I have leave (if my ex cooperates with the custody arrangement. sometimes she doesn't, and because my leave time is limited, by the time I file paperwork, it's time for me to leave again).

Does my ex have the right to choose who gets the girls, or do I have first rights to have my daughter?

---

If you are given custody, and mom cannot have custody due to issues, then you would have the right to designate who will care for your child during your deployment.