Legal Question in Family Law in Florida
custody
can a reservist in the army have primary custody of children
Asked on 4/14/08, 10:31 am
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: custody
No law prohibits active or inactive servicemembers from having primary custody. In fact, federal and Florida statutes prevent primary custody from being changed to the other parent while the servicemember is deployed except on a temporary basis for the length of the deployment.
However, be aware that the possibility of combat deployment often makes it difficult for a servicemember to obtain primary custody in the first place. It's not right, but it's the reality of the situation.
On the other hand, I've had many clients get primary custody while on noncombat deployments, such as to the Phillipines, Portugal, Germany, etc.
Answered on 4/15/08, 11:38 am