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quinncy · Dec 15, 2008, 10:19 PM

I have a weird question! I have a friend that is deploying to iraq she is going through a divorce at the time. If she files the paper work and leaves for iraq can the exhusband take her to court for the custody of the baby? I'm wondering if she leaves after the divorce if the exhusband can try and get custody of the baby when she is deployed? Can he take her to court with her not being in the country can he take the child away from her? Would he still be able to try and get custody of the baby with her absent sort of speak? We live in Texas I don't know if states matter.

N0help4u · Dec 15, 2008, 10:23 PM

I know that they made my daughter sign a notarized paper stating that if she ever had to go on an out of town or deployment that she had a babysitter. The woman had to sign it too. I would suggest she get the military paper and name someone that she wishes to watch her daughter while she is deployed. At least it will then involve another party that has a say in things where the child is involved.
I can ask my daughter about the form if you want.

quinncy · Dec 16, 2008, 05:41 AM

Originally Posted by N0help4u

I know that they made my daughter sign a notarized paper stating that if she ever had to go on an out of town or deployment that she had a babysitter. The woman had to sign it too. I would suggest she get the military paper and name someone that she wishes to watch her daughter while she is deployed. At least it will then involve another party that has a say in things where the child is involved.
I can ask my daughter about the form if you want.

Yes please ask what the paper was! She really needs this!

N0help4u · Dec 16, 2008, 05:56 AM

I am not saying it will prevent any adoption. I am not sure how divorce and adoption works for someone in the military. I know someone else here asked the same about a week ago. But at least if she has a notarized paper for a caregiver then it should help with some leverage.

ScottGem · Dec 16, 2008, 06:16 AM

Well first, custody needs to be established as part of the divorce. And there are some issues of military law that may require that the father be given custody at least while she's deployed. She really needs to consuolt a divorce attorney who is familiar with military law.

GirlWSlingshot · Dec 16, 2008, 09:09 AM

Her legal office on base should be useful too. This type of situation is becoming more and more common so they hear it a lot.

stevetcg · Dec 16, 2008, 09:54 AM

Before the military will deploy her they will ensure that there is a support plan in place for her dependents. It might very well end up being the exhusband. Custody will need to be established before this though and her deployment does not void her custody rights.

I also do not believe it is legal to have a judgment filed against her while she is deployed. The Ex might have physical custody but legal custody would remain hers and physical custody will be enforced according to the custody agreement upon her return from overseas.

Edited to add: yes - contact base legal support. This is exactly the kind of thing they are there for.