View Full Version : Military Mom's Custody Rights
misplaced 2
Feb 14, 2009, 03:29 PM
Divorced military Mom has primary physical custody of son (3 years old) in the state of Iowa. Dad does have visitation. She is deploying in December and would like her son to live with her parents rather than his bio dad (she has concerns). Can she make this decision or does she have to go back to court for a custody modificatation?
ScottGem
Feb 14, 2009, 03:33 PM
She has to go back to the court. We had a similar discussion on this a while back. Someone claimed that military law stated the custodial parent could designate a temporary guardian.
But unless you can prove unfitness, a civil court will allow the father primary custody. So it would be best to try and work this out amicably.
misplaced 2
Feb 14, 2009, 03:38 PM
Thank you for the aanswer. We willl follow up on your advice.
ScottGem
Feb 14, 2009, 03:46 PM
You should have her check with someone in the military law office.
misplaced 2
Feb 14, 2009, 04:28 PM
The format won't let me post another rating so I'll just say thanks again!