Legal Question in Family Law in Florida
Pre and Post military child custody battle.
My son will soon be getting a medical discharge from the military and coming home. He has been married for just over a year and has a baby of 5 1/2 months. He and his wife will be divorcing when they come stateside. Since March she has been starving the baby. She only weighed 10 lbs at 5 months. When he went to the social services office on the base, they were then put under investigation. He works 18 hours a day, 6 days a week. She was ordered to keep track of what she fed the baby and after a month the little one gained 1 3/4 lbs. Now he is being told that no matter what, she will get the baby and have to pay her child support. She will reside in PA and he in FL. How can this be, when she abused, neglected and endangered the babies life? I need someone with a prior military background in JAG and is now a civilian attorney that can answer some questions and hopefully a new avenue to travel. Please can somone help
1 Answer from Attorneys
Re: Pre and Post military child custody battle.
Hopefully, you will get a reply from an ex JAG attorney (I'm not it). In the mean time, I can give you some explanations.
This is a straight custody issue, having nothing (directly) to do with your son's military service.
There must be a compelling reason to remove a child from a parent's custody. If the mother is now appropriately feeding the child, there is no cause to remove the child.
This now becomes a standard question of custody between the mother and your son. Because the child is of such a young age, primary residential care will probably be with the mother right now; and that means child support paid by the father based on his net income. However, your son is entitled to visitation and can certainly petition for modification of custody when the child is a few years older. What he does until then (while having visitation) can drastically affect the court's decision to modify and how to modify.
If your son would like more details on this, please have him contact me. I would be glad to help.
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