Generally speaking, as I'm not licensed in California, your husband will have a right to take custody of her when you deploy because he's the father and has that parental right. Even if you were awarded full custody its still possible that that would be the case because he's the father and has a parental right to see his child. To limit/prohibit his ability to see the child you would likely have to show he's an unfit parent.
On the other hand, you can encourage him to not want physical custody while you're deployed by explaining all the work that goes into caring for a 9 month old, the loss of sleep, and all of the added expenses he'll incur (child care, diapers, etc.). If he really loves her and wants to care for her he won't care about the extra trouble and expenses and will care for her well while you're gone; if he's half-hearted about being the father then you may very well be able to convince him that your family should care for her while you're gone to save him the trouble (i.e., you can make it sound like you're doing him a favor by your family taking care of your daughter). Make sense? Sometimes being persuasive and creative can be more effective than seeking a final decision in court.
Providing this general response does not create an attorney client relationship.
You should immediately see a family law attorney immediately.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
The gentlemen above are absolutely correct, and as difficult as it may seem, a parent trumps all others unless shown to be unfit.
It is absolutely imperative that your custody agreement includes a clause about what happens if you deploy. An agreement will not totally prevent him from seeking custody while you are gone, but if it is written well, in most states his efforts in court will be more difficult and even if he takes custody during the deployment, appropriate clauses in the agreement will ensure your child is returned to you once you redeploy.
Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.
As the other attorneys have stated, your best course of action would be to come to some agreement with the father because there can be serious consequences when one parent denies the other their parental rights, especially when they are court ordered. Outside an emergency hearing, there is not enough time to file and be heard prior to deployment. I would be happy to sit down with you for a consultation.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established..
Child support Child custody Custody hearings Family court and child custody cases Unfit parents and child custody Physical custody Joint custody Custody agreement and child custody Child support order Child support and custody Joint custody and child support Mother's rights in child custody Parental rights in child custody Lawsuits and disputes Family law Mediation Court basics
Sign up to receive a 3-part series of useful information and advice about child custody law.