Skip to main content

Can my ex wife be granted custodial parent rights while I am away on a military deployment?

Fort Dix, NJ |

I was granted the custodial parent for my two children three yrs ago. She recently informed me that the living situation regarding the kids would most likely change before I got back from my deployment. I had everything in place for them to stay in the same school district and maintain a stable life style during my deployment. She has done nothing for support the whole time I have had them. I have been told she has a lawyer that apparently told her she can take custody while I m gone and she plans to enroll them in the school system near her which is in a different state. Our divorce decree states that all decisions regarding the kids will be made jointly. Is she permitted to legally do this while I am deployed? Thank you.

Attorney Answers 1

Posted

It is rare that child custody decisions would be altered because of your deployment. But you make no posting as to how and with whom the children will live while you are deployed. This may be the basis for the ex's attorney saying what he did. You need to confer with a JAG lawyer and a NJ family lawyer about what you can do to maintain the original custody arrangements. From past experience, it appears that your ex's principal motivation is getting child support from you.

You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful
(Even if you are not filing a lawsuit this information can be useful).

You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

Mark as helpful

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics