Who will get custody of my 1 year old child?

Asked over 4 years ago - San Diego, CA

I am currently married to a navy officer, who has been on duty the whole year my son has been alive, we are having marital problems and i want to file for divorce, but i am afraid i will lose my baby if he files for child custody.

Additional information

i have not worked, but i used to a month before i went into labor, working is a part of my future plan. Also i have been married for 1 yr and 6 months. One thing i forgot to add is that he is back, and he is on shore duty, so he wont be shipped backed out according to him. Is the situation still the same?

Attorney answers (2)

  1. Mark Brian Baer

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Nothing in life is certain, but from the information contained in your question it sounds as if you will end up with primary custody of your child. Although the child is only one year old, your son has no relationship with his father (even though that is not the fault of his father who was on military duty). Your husband will get visitation and I suspect that it will be on a stepped up basis (his time increasing on a set schedule until a maximum on that schedule) has been reached.

    However, you will almost definitely have joint legal custody (the right to make legal decisions relating to the child).

    I am certainly not the Judge, but this is my opinion based on the limited information available to me.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Stephanie Farr White

    Contributor Level 14

    Answered . No one can answer that question except you and your husband or the judge. There is no reason that merely being unemployed would cost you custody of your child -- it cannot be awarded on financial basis as that would be discriminatory.

    Chances are you would have a better chance keeping custody as your navy officer husband will likely be on duty again. It would be in your best interest to seek out the advice of a local attorney -- many offer free consultations.

    Stephanie White
    THE LAW OFFICE OF STEPHANIE WHITE
    Simi Valley, CA
    www.805Lawyer.com

    DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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