Legal Question in Family Law in District of Columbia

Base Housing Question

I have a question regarding base housing. Ive been dating a women who was married to an AF E3 and according to her they got a divorce over 2 years ago. She also claims that he signed over rights to their daughter and even if not, she has been living with her parents in California for the past 9 months. We are in the east coast and obviously she is not with him. Somehow he still has the base house and she still has her dependent CAC card. I question her all the time with no resolve. The twist is that she is pregnant with my child and we have been arguing causing her to make different threats. She always uses his house to go to when she wants and now is saying she wants to have our baby and live there. I'm former military and know something isnt right, but cant prove it. What can I do? Does this work in my favor for custody if we dont stay together? Thanks.


Asked on 9/09/08, 8:34 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Base Housing Question

Although the law in this day and age does not presume that one parent is preferable to the other when it comes to custody, as a practical matter a suspect that a court, charged with determining what is in the best interests of the child, is more likely to give custody of a newborn to the mother. Your inability to resolve your differences with her regarding your relationship would not have much impact. Unless she were demonstrably unfit to be a mother (for example, if she had a drug problem, or had a history of abusing or neglecting her daughter), you would have an uphill fight for custody. However, you could probably get joint legal custody and certainly ample visitation rights.

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Answered on 9/09/08, 9:35 am


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