How do I go about getting full custody of my daughter who is a dependent of a military member?

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How do I go about getting full custody of my daughter who is a dependent of a military member?

I am trying to gain custody of my daughter who is a dependent of an active duty member of the military. He is on the birth certificate but as of now I have full custody of her due to the fact that he will be deployed next week.

Asked on January 6, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming here that there is a custody order already in place and that you wish to modify the order, correct?  I strongly suggest that you seek help from an attorney in your area on this matter.  There are too many factors that need to be determined here as to the matter and once he is deployed he is protected from being involved in a legal proceeding "behind his back" so to speak.  You have not stated why he has full cusotdy to begin with, how old the child is (which could help you if she were old enough to testfy that she wishes to live with you now), etc.   Good luck. 


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