Hyattsville, MD asked in Child Custody for Maryland

Q: I have joint legal custody of my daughter with visitation. Can her father join the military and leave her without me?

He has married and said he is going into the army. We have a custody agreement with him having physical custody and I have visitation. The agreement was put in place when my daughter was 2. She is now 7. A lot has changed in those years. I considered going back for custody but decided he lived in the better school district and did not want to put my child through the court fight. However now that he has said he is going in the Army I'm rethinking. Is he allowed to leave my daughter with his new wife without my consent? If or when he leaves does my child come with me until he returns?

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1 Lawyer Answer

A: Entering the military causes many difficulties in a custody situation. In general, the military will require the father to have a custody plan in place. His wife cannot just step in to take his place. Custody does not work that way. This is not a used car where you hand over the keys and say "you can drive it while I'm deployed." This is a living breathing little human with a mother who can care for her.

I highly recommend consulting an attorney if and when he actually joins the military. The court will not change custody based on "he might do this."

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