Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?
My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now. We know if he doesn’t enlist we have a really good chance at getting primary custody of his daughter, but the military would complicate that greatly.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (719) 344-5523
- View Profile
- Answered
A: Courts determine who should have primary custody of a child by applying a number of best interests factors. The fact that you and he have been caring for the child for a year weighs in your favor. There is no clearcut answer as to whether military service impacts a child custody analysis. It depends on the individual case and what each of you can offer to the child as a parent proposing primary custody in areas such as education, contact with the other parent, contact with extended family, etc.
A:
You should consult with an attorney because that's a complicated question.
Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal parenting time. If he is away in the military, you do not necessarily step into his shoes, as Courts are going to prioritize time with a parent over a step-parent. But if there are safety concerns with Mother, then that may be a different story.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
