Results 1 to 2 of 2
  1. #1

    Default Military Spouse Overseas File for Custody Here, or Leave First

    My question involves a child custody case from the State of: California and military overseas.
    We are currently on an overseas tour in Germany. My husband has been mentally and verbally abusive in the past few months We have a 14 month old and I'm currently pregnant, the constant stress has been putting my pregnancy at risk. My husband told me to leave if I wanted to but he wants to keep our son. He told me that because I have no job that they wont grant me custody. Back home my family has offered to help and has given us a place to stay. A few people suggested that I leave first and take care of the custody when I get to CA because doing it here will complicate things. I'm not sure if this is even legal but really need advice.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Military Spouse Overseas File for Custody Here, or Leave First

    The legal reality is that you can leave with your son and return to the US unless there is a court order preventing you from doing so.

    Your lack of employment won't affect custody at all. However, no matter where you file your husband is likely to invoke the SSRCA which will effectively postpone any custody decisions until he returns stateside.

    If it were me - I'd make sure I was on home turf. But that's a personal opinion, and not legal information.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: How to Get Custody When Military Ex-Spouse Deploys
    By kristaleigh1981 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 08-16-2011, 06:34 PM
  2. Custody Dispute While in the Military, Stationed Overseas
    By clararose in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 02-20-2011, 01:54 PM
  3. Child Custody Whan a New Spouse is in the Military
    By ealexdixon in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 02-18-2010, 10:12 AM
  4. Unemployment Benefits: Military Spouse Transfer Overseas
    By Caitlin7 in forum Employment and Labor
    Replies: 2
    Last Post: 07-09-2009, 09:17 AM
  5. Family Issues: Military Divorce While Overseas
    By b2226 in forum Military Law
    Replies: 2
    Last Post: 05-14-2009, 09:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources