Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?
I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me
A: Retain a lawyer and file a Writ to get your child back. Do not wait a long period of time.
A:
I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:
1. Deployment orders: If your child was staying with your parents due to your military deployment, this should not negatively impact your custody rights. The Servicemembers Civil Relief Act (SCRA) provides certain protections for deployed military personnel in custody matters.
2. Existing custody order: If there is an existing custody order in place, your ex-partner must follow it. Withholding the child in violation of a court order can have serious consequences.
3. Best interests of the child: Courts make custody decisions based on the best interests of the child. Factors considered include the child's relationship with each parent, stability of the home environment, and the ability of each parent to provide for the child's needs.
4. Legal representation: Given the complexity of your situation, it is highly advisable to consult with a family law attorney who has experience working with military families. They can help protect your rights and guide you through the legal process.
5. Documentation: Keep records of any communications with your ex-partner, your deployment orders, and any other relevant documents that support your case.
It's important to act quickly to assert your custody rights and ensure that you maintain a strong relationship with your daughter. An experienced attorney can help you navigate this challenging situation and work towards a resolution that is in your child's best interests.
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.
