Legal Question in Family Law in California

I would speak to a lawyer about this issue. You are correct that you can stall proceedings based upon your deployment. You should investigate options such as leaving the child in the care of a grand parent so that you won't have to change the custody agreement and thus pay more child support. If your ex is the only person who can take care of the child then it would seem logical for her to ask for more child support.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

My strongest suggestion is that you work the matter out between yourselves. You are right in that there is a law, known as the Soldiers and Sailors Civil Relief Act, however I doubt it would apply to an existing family law case that has already been filed.

The reason that I suggest that you work it out, with a temporary agreement, is that it is obvious that you are not taking your two (2) kids to Iraq with you. Although you currently have 50% custody, she is going to have 100% custody in reality while you are gone, unless you make other arrangements for custody of your children in your absence. It is obvious that you would want to enjoy your visitation and custody rights when you return, so you would only want it to be temporary, and not have to appear in court over and over again through Orders to Show Cause. (Which can be delayed due to court congestion.)