Legal Question in Family Law in Alabama

Child Custody during a Military Deployment
Ex-wife departs on 6/22/07 for 12 weeks of training, home for 1 week and then deploys to Iraq for a 1 year tour.

2 children from previous marriage ages 14 and 12 with ex-wife having Primary Residential Custody and me have Secondary Residential Custody. Oldest wants to stay with step-father to attend school, football camp and be near friends while mother is gone, while youngest wants to stay with me while mother is deployed and may want to stay with me longer, his choice when she returns.

Divorce was in Escambia County Florida in June of 2001, I received orders to Hawaii on 8/2001 and ex-wife moved to Johnson County, Kansas around same time with kids.

Wife has kept her upcoming deployment from me until 5 days ago (6/11/07) As you can see, not very much time to address this before she leaves for training. We have come to an agreement that oldest will return to Kansas from his summer visitation with me, but youngest will stay here with me.

I have a sister who works for a lawyer who filled out all of the required paperwork, but when I went to file the papers here, I was told that Alabama didn't have jurisdication, that I would have to file in Kansas where the ex-wife lives. What are my options? My time is Limited!

Asked on 6/15/07, 2:00 pm

Pamela Scott Scott Law Office

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Re: Child Custody during a Military Deployment

My office can help with this. Please contact me immediately, as it appears your wife leaves the country this Friday.

Answered on 6/18/07, 11:29 am

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