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.

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Answered on 4/15/08, 11:38 am


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