How is child custody determined in a military family?

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How is child custody determined in a military family?

My husband is deployed currently but when he is home he said he is going to leave me and get custody of our 3 1/2 month old daughter. He has only seen her a total of 2 weeks since she was born. He is also wanting to take her to his home state, which is not where we live now, but is about 18 hours away.

Asked on November 13, 2011 under Family Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact that your husband is in the military does not affect matters--divorce and child custody are determined under civil law, not military. The same analysis will be done in your situation as in any other divorce case, in regards to custody--where does the child's best interest lie? From what you write, it is highly likely that custody would remain with you, the primary care giver, rather than a father who has almost never seen her and--if he remains in the military--is subject to redeployment. That said, every case is different, and you should discuss the particulars of your family and situation with a divorce attorney.


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