If I recently got divorced and my ex is active military and has just been transferred, since we have joint custody do I have to fight for custody again?

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If I recently got divorced and my ex is active military and has just been transferred, since we have joint custody do I have to fight for custody again?

He was supposed to be retiring in 2 years. The judge asked him and his lawyer if he was going to be moving with the army any more and they said no that the army was going to leave him here. We have joint custody of our kids. My ex just told me that he just came down on orders to move.

Asked on June 15, 2015 under Family Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It really depends on your current orders.  If the current orders have a provision for what the visitation schedule will be if he moves farther away, then you just need to switch to that part of the orders.  If your orders do not have a provision for what happens when one parent moves off, and if you and your ex cannot reach an agreement on what to do, then you may have to go back to court to seek a modification of the custody arrangment.  You would need to do so before he is deployed to insure that you can have a hearing before he is shipped off and is unavailable.


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