how daughter can get back custody of 4 yrs old son

Maricelis - posted on 01/12/2016 ( 2 moms have responded )




My daughter, who is 24 and got divorced from an AF guy, gave up custody of her 4 yrs old son to his dad to join the Navy. Now she wanna fight the kid back and she is having a hell of a time. First of all, she doesnt know were to start nor have the money to pay a lawyer to do it. Dad n kid are in a state far away from where she is stationed. He doent cooperated with her as far as answering phone calls from her to her son. She spent 4 days at xmas with her baby because she took leave and went to visit and dad didnt even have her listed in the daycare she could check him out. Since then when she calls her son to talk to him he barely wanna talk and dad said to my daughter kid has been throwing tantrums obviously because he is very confuse. This totally breaks my far away from my daughters station and my grandson and when i call my ex son in law never answers the phone. I would like to find out what are the steps my daughter have to take to start battling her custody back. She loves the Navy but the decision the made goving her sons custody away is cutting up to her and stressing her out greatly. She cries every day for her son. How she can start her custody battle.? Is there any charities or programs can help her out legally? She doesnt make any money to pay a 3,000-5,000 retainer fee to a lawyer and unfortunately i dont have that kind of money neither. We need help and advice. Thanks.:[


Raye - posted on 01/13/2016




She made her bed and now she has to lay in it. She chose her career over her child. With all due respect, I don't think she should get custody (at least not until she is discharged from the navy). Let me explain...

First, she should think about the fact that, still being in the Navy, she could be deployed somewhere else and be at risk of combat or death. She probably couldn't enlist being a single parent, and that's why she had to give up custody. If by some reason, the enlisted person becomes a single parent, the Armed Forces do NOT give special treatment or different assignments for single parents. They feel you knew what you were getting into by enlisting, should have taken adequate measures, and you have to live up to your responsibility.

Second, by having the child with her, wherever in the world she may be, she's removing that child from all other family and the stability that the child would have by remaining in their current home. Uprooting that child and sending them to a person that has previously abandoned them and who may be put in a combat situation, would most likely not be seen by the judge as being in the best interest of the child.

What were in the custody orders she signed regarding her visitation rights and your ability to remain in contact with the child? If the father is going against the court orders, then she can make a motion to have him charged with "contempt of court". If he's not violating the custody agreement, then you (if you seek rights) and/or your daughter (if she seeks rights) must go to court to see if a judge would change the custody orders. You don't NEED to hire a lawyer to file, but it would probably help a lot to at least consult with one to know whether your requests are backed by law or precedent, what specific forms you should file and actions to take to better your chances, what the most likely outcome would be, etc.

There's not going to be a simple solution, except for her to live with the consequences of her choices, wait to get discharged from service, and save for a lawyer.


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Ev - posted on 01/13/2016




She can try legal aid. And she can seek out attorneys and see what they can say on a free call or visit. Most will give you a free visit and go over a few things you need to do and you can get a feel for them. Also Depending on where dad is at will also depend on what state the custody will be filed in.

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