Legal Question in Family Law in Virginia

Military relocation and custody

I have sole custody of our son - my ex has visitation every other weekend. I'm remarried, and so is he. I'm thinking of rejoining the military. If so, and I get orders out of state, or overseas can this change the custody I have of our son? Will our son have to stay here if I'm ordered overseas, or out of state? Will I have to give up custody just because I want to provide better for our son by rejoining the military? Pls advise. Thank you.


Asked on 9/11/05, 10:49 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Military relocation and custody

Relocation cases are pretty common and, as always, the best interests of the child will control. The military is the most frequent reason for parent's relocating. If you have been the primary caregiver and can work out a reasonable schedule to keep the other parent involved in the child's life the chances are very good that the court will approve the move for the child.

I will counsel that many selfish non custodial parents take the opportunity to challenge custody at the time of such a move arguing that the relationship they have with the child will be irreperably harmed. Again, a good plan and proof that the best intertests of the child will be served by remaining in your custody will win the case.

Good luck.

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Answered on 9/12/05, 10:40 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Military relocation and custody

That will be up to a judge of the Virginia court that has proper jurisdiction over the custody issue and what this court determines to be in your son's best interests, if and when the matter is brought before the court.

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Answered on 9/11/05, 11:39 pm


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