I have custody of my daughter and in the court order of custody it states that my ex will have temporary custody while I go on my 9 month military deployment. I just want to make sure that he can't file for a modification when I get back saying that my child has been with him for the past 9 months and is used to his house so the child will stay with him. Will I be safe or is that something he could get away with?
Check this out for some resources.
Check with an attorney in the state that issued your original custody order, and the states that you and your ex reside in.
Some states have passed legislation to address this issue, for example Arkansas has Ark. Code Ann. Sec. 9-13-110:
9-13-110. Parents who are members of the armed forces.
(a) As used in this section:
(1) "Armed forces" means the National Guard and the reserve components of the armed forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, and the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or Arkansas; and
(2) "Mobilized parent" means a parent who:
(A) Is a member of the armed forces; and
(B) Is called to active duty or receives orders for duty that is outside the state or country.
(b) A court shall not permanently modify an order for child custody or visitation solely on the basis that one (1) of the parents is a mobilized parent.
(c) (1) A court of competent jurisdiction shall determine whether a temporary modification to an order for child custody or visitation is appropriate for a child or children of a mobilized parent.
(2) The determination under this subsection (c) includes consideration of any and all circumstances that are necessary to maximize the mobilized parent's time and contact with his or her child that is consistent with the best interest of the child, including without limitation:
(A) The ordered length of the mobilized parent's call to active duty;
(B) The mobilized parent's duty station or stations;
(C) The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty;
(D) The contact that the mobilized parent has had with the child before the call to active military duty;
(E) The nature of the military mission, if known; and
(F) Any other factor that the court deems appropriate under the circumstances.
(d) This section shall not limit the power of a court of competent jurisdiction to permanently modify an order of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice regardless of whether the parent volunteered for permanent military duty while a member of the armed forces.
This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com
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