Legal Question in Family Law in Virginia
going military husband disagrees
i am currently legally seperated and we share joint legal/physical custody of 1 child. i am joing the airforce by end of the year and my husband is trying to prevent me from sharing her after i leave. he will file for custody again. would a judge seriously give a man with a cocaine charge and 4 assult and battery charges custody over a military mom with a clean record?? i can not afford an attorny and his dad retained his, if i go away to boot camp and sign my rights temporarily to my parents can he keep her from them for the time i am gone or do they have rights to see her? when i get to my base in 4 months will i be able to get her?
1 Answer from Attorneys
Re: going military husband disagrees
You cannot simply sign your custody rights to your child, even temporarily, over to your parents (or to anyone else for that matter). You can, however, authorize them to act as temporary guardians of the child while you undergo basic training in the U.S. Airforce and allow them to share in the same joint legal/physical custody arrangement which you have had with your husband.
Your husband is always free to file new court actions in an attempt to gain sole physical/legal custody of the child, but unless there has been a
material change in one or more of the factors which could affect the best interests of the child, the court is unlikely to accommodate his request. (And, your joining the military should not necessarily be considered such a change.)
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