Full Custody for Army Wife?

Quincy - posted on 09/25/2012 ( 1 mom has responded )




Hello ladies!

I'm an Army wife. My husband is in the Army (currently in basic training) We will move to our post in the spring. My issue is is that I have 2 daughters (ages 5 &6) whom I share custody with my ex husband, I have physical custody. I want to do a modification and gain full custody of them. It just makes more sense. He sees them every other weekend for 2 nights. I feel and know that this change is for the best for my children if I have full custody. I mean, to be honest, it really won't change anything for the fact that I have them most of the time and when I've offered him more times with them, he refused. He says he will "never" give me full custody. Truth of the matter is, I gave him $35k (because that's what HE wanted in order to not fight me over custody) during our divorce settlement back in '09.

Could I use that against him so the judge can favor me? Please give me advice. My kids are very content with me. They love their "biological" dad, but they have been provided for by their stepdad even more and they love HIM (my husband). My husband has been there since they were in diapers. It's proof enough that we as a family are very stable. My ex is also remarried, but he doesn't have a lifestyle fit for our children. He smokes, he drinks. A lot!.. he parties often. Yea, he has a job at the bank, but can he really give our children a good and stable life? I don't believe. He used to abuse me, hence why I divorced him. So that's my question, I'm a military wife, is this going to be a hard fight in court?

Thanks ladies!


Lacye - posted on 09/25/2012




It's quite possible you are going to have a hard time getting full custody of the kids. You can't prove that he's a bad father. Unless you have pictures of him excessively drinking or smoking anything illegal, the courts are not going to look at that.

Also, do you have proof that you gave him $35k and it was for that specific reason? He can claim that you gave that to him as a gift and it would be his word against yours.

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