Will my being a soldier help me win custody over my felon/incarceraed ex?

Resa - posted on 02/19/2012 ( 4 moms have responded )

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I left my AJ's bio/father when I was three months pregnant because he wouldn't give up alcohol or provide a lifestyle suitable for raising a child. Since leaving him and giving birth, I have enlisted and been serving as a soldier. He, however, has for the last ten months been serving time after engaging in unlawful behavior, such as violating the terms and conditions of his parole for felony offenses, and commiting other crimes such as DUI and terroristic threatening. He is scheduled to be released from a halfway house the day before my daughters 2nd birthday (of which he wishes to attend)



A few questions I have are: Is i acceptable to let him be present at her birthday?



Should I decline to let him take her unsupervised given his criminal record?



Am I likely to gain custody?



Any information or advice is welcome, and opinions as well. Feel free to ask more about the situation.

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Christina - posted on 02/20/2012

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I have no facts that are set in stone here there are things I have heard from people going into an coming out of similar situations... I have heard that to get a parents rights taken away is a long drawn out process... I am assuming he hasnt paid child support so getting that drawn up and taking him to friend of court will be a good start if you can prove he is a dead beat it increases your chances of be the soul guardian... also assuming there are no custody papers written he probably doesnt have a right to be at the party... that would also be confusing for your baby... I would agree that he can see her in a neutral location on a later date.. where you can also tell him look this is my plan i am going to file for child support and get a custody agreement set in stone... its hard to raise a child on your own an just cuz he has a risky past doesnt mean they wont give him a shot to prove himself as a father who knows he may be a good daddy... If you want or need legal advice something more in stone Call Jag lawyers for military service members they can at least get you headed in the right derection

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Christina - posted on 02/22/2012

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Yea him not paying an being a no show really helps you... good luck an keep me posted I really wanna know how this turns out

Resa - posted on 02/20/2012

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Thanks Christina, I almost forgot I could talk to a JAG lawyer! I am worried about her being confused. Since he has been gone so long, she has no attachment. He may as well be a stranger and I'm afraid she will be made o feel uncomforable by him trying to be overly close to her when he hasn't earned her trust or that right yet. And thats right, he has not paid child support. The courts summoned him to court but he was a no-show.

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