My husband's ex decieded to join the U.S. Army, she is 38 and has 3 children with my husband, and is remarried. She will be leaving Monday March the 3rd. She has gave us a 6 day notice and gave my husband the option of taking there 10yr old daughter while she is gone, they have joint coustdy and their daughter lives with her mother. The option of her temporarly living with us was addressed by her attonery in a letter we received on the 28 of feb. and she also gave my husband a Speacial Power of Attorney for their daughter school and medical needs. My husband already has full coustdy of one child and joint coustdy of another that lives with us. She has always lived in Alabama in the same location and attended the same school. My husband also pays child support for his daughter, it has not be halted. We will have all 3 of the children and receiving no support for any of them. I was wondering if she was supposed to turn custody over to my husband before she leaves for basic, and what is she required to do about child support? She's stated she will be gone a total of 5mnths and will get the child when she returns, we are going to attempt to get temporary coustdy. How good is our chances of receiving coustdy?

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Originally Posted by starblaze

My husband's ex decieded to join the U.S. Army, she is 38 and has 3 children with my husband, and is remarried. She will be leaving Monday March the 3rd. She has gave us a 6 day notice and gave my husband the option of taking there 10yr old daughter while she is gone, they have joint coustdy and their daughter lives with her mother. The option of her temporarly living with us was addressed by her attonery in a letter we recieved on the 28 of feb. and she also gave my husband a Speacial Power of Attorney for thier daughter school and medical needs. My husband already has full coustdy of one child and joint coustdy of another that lives with us. She has always lived in Alabama in the same location and attended the same school. My husband also pays child support for his daughter, it has not be halted. We will have all 3 of the children and recieving no support for any of them. I was wondering if she was supposed to turn custody over to my husband before she leaves for basic, and what is she required to do about child support? She's stated she will be gone a total of 5mnths and will get the child when she returns, we are going to attempt to get temporary coustdy. How good is our chances of recieving coustdy?

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Because this was all proposed by her Attorney I would have my Attorney respond - I think it's foolish to attempt to work your way through this by yourself. Someone has to address the child support issue. If your interest is full, permanent custody, have an Attorney address that. It is possible that the mother cannot be served with legal notice while in basic training - the Attorney would have to check on that, also.

(She's 38 years old and just enlisted? That's a surprise to me - I have no idea what the age restrictions to enlist are.)

Yes, I would assume you did not sign any of the paper work their attorney sent, and had your own attorney fill out the proper paperwork, A person can be served legal notice while in basic. If they are going to be in the military issues of moving out of their home state and your rights to visit will all need to be addressed, Also a change in child support while you have the children in your care.

She's just now joining the army at age 38? You can try to get custody and then sue her for child support. She knows she'll be gone for 5 months. In the army it could turn out to be a lot longer than that as there's always the chance she'll get deployed to Iraq or some other overseas location. One thing the army doesn't offer is stability for one's minor dependents and that could work in your favor.

No we did not sign any papers. We didn't have enough time to respond with a lawyer, because of the weekend we will be talking with a lawyer tomorrow. I was wondering if anyone had any experience that might could answer any of my questions as far as the military portion. The age limit has been upped to 42yrs of age with no military exp.

I see no reason why you can't file for a modification of the support agreement since custody has changed.