[smaster]

My fiancé just returned home to California after a year long deployment in Iraq and is trying to have his previous custody reinstated with his three children. Just prior to his deployment, his ex filed papers with the court requesting temporary legal and physical custody of the kids. By the time of the hearing, my fiancé was already in Iraq, so he called in for the hearing and agreed to his ex's request. Prior to leaving, he volunteered to pay increased child support, which was put into an official order during the hearing. It was his understanding from the hearing that upon his return he could file an exparte order to reinstate his custody. To his disappointment, after filing the exparte the judge ordered mediation and a hearing. He was not asking for any changes to the previous 50/50 shared custody arrangement. He now must wait until Dec 28th for a hearing and to have visitation with his kids. The ex is very uncooperative because she resents my fiancé's position in the Army and the fact he's been deployed 3 times; she considers his deployment abandonment of the children. It doesn't seem right that a soldier serving his country should be punished by not being able to gain immediate access to his children upon his return. I'm not confident the judge fully understands the situation and my fiancé was not able to speak to the judge to explain. Is there any actions that can be taken to expedite this reunion?

[cdad]

It sounds like you tried it already. Does he have the ruling from the previous court order? Did it say anything about his return from deployment?

Just remember this is California your talking about. They aren't quite a military friendly state. He may have to fight for his rights as he did overseas.

Also document everything till the hearing.