If a father is in the military and might be deployed, will the court allow him to get custody?

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If a father is in the military and might be deployed, will the court allow him to get custody?

Asked on April 27, 2011 under Family Law, Tennessee

Answers:

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

Answered 9 years ago | Contributor

Yes, of course youcan be awarded custody.  But there are several types of custody arrangements and I think that what you mean is physical custody, correct? Custody determinations are generally made "in the best interest of the child."  I can see how having physical custody but being deployed could be used against you by your spouse as a lack of "stability" for the child or children.  Maybe try and negotiate a settlement that while you are deployed your ex can have physical custody?  I do not know your situation so it is difficult to give any guidance here.  Please seek some legal advice in your area.  Good luck to you.  And thank you for your service to our country,


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