Legal Question in Family Law in California

custody change before deployment

I'm in the military and soon I'm

going to be deployed in Iraq for six

months. I have physical custody of

my 5 yr old daughter. My soon to be

ex husband filed for modification of

child custody as soon as he found out

that I'm going to leave on

deployment. We both went to court 3

weeks ago and my ex was awarded

what I think is temporary physical

custody of my daughter. The court

order doesn't specify if it's temporary

or not. On the day we went to court

the judge also scheduled us for

another court hearing for when I

return from deployment, seven

months from now. There is also a

focus evaluation scheduled and

ordered by the court for when I

returne. I know that my daughter's

father will seek a custody change in

his favor when I returned. I'm

worried that everything turn to his

favor when I come back to the

States. What can I do?. Is there a

law that protects me from this

happenning?. How can you tell if a

custody order is temporary or not?.


Asked on 6/04/09, 7:02 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: custody change before deployment

Currently there is no law that would protect you. I would suggest that you get an attorney to assist you on this. Good Luck, Pat McCrary

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Answered on 6/05/09, 9:41 pm


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