Legal Question in Family Law in Washington

Who Gets Custody?

I've been in the military 14 yrs. I have custody of my 11 yr old son who visits his mother 3 times a year. I've been re-married for 3 yrs. If I get deployed overseas for 1 yr, can my ex-wife get custody, or can my son stay with my wife like he has been. There is nothing in the parenting plan concerning this matter. Also, can my ex-wife take my wife to court (she has POA) while I am gone?


Asked on 7/21/06, 9:58 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Who Gets Custody?

In addition to the response of the other attorney, there is a federal law that prevents suits against members of the military on active duty being sued when they are out of the area. This code section may be helpful but the court may act to place the child with a parent. You should contact an attorney about the options before he leaves.

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Answered on 7/25/06, 1:38 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Who Gets Custody?

THE ANSWER DEPENDS ON MANY FACTS. ALL OF THE SCENARIOS ARE A POSSIBILITY, BUT MORE DETAIL IS NEED TO GIVE ADVICE AND IT MAY BE UP TO THE JUDGE. A POA IS NOT VALID FOR REPRESENTATION IN COURT. YOU WILL NEED AN ATTORNEY AT LAW. GET A CONSULTATION WITH AN ATTORNEY BEFORE YOU LEAVE SO THAT HE CAN BE PREPARED TO REPRESENT YOU IN THE EVENT THAT OUR EX-WIFE BRINGS AN ACTION TO OBTAIN CUSTODY OF THE CHILD WHILE YOU ARE DEPLOYED. GOOD LUCK, PAT MCCRARY

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Answered on 7/24/06, 11:38 am


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