military divorce

[kris1988]

Ive been married since nov 2008 and moved to georgia i moved out the home and out the state to florida with our only child now 3 during his deployment jan 2010 on vacation he came the end of aug and left the state with him back to his base he was suppose to go back to afganistan but he told me he told his command he was having problems with me being a drug addict and they let him stay i cant call to talk to my son all he does is curse at me and calls me a drug addict even tho i am pregnant 4 months do i need to file in florida or georgia for divorce and custody

[Attorney Howard Iken]

Sorry but this is complex and beyond the scope of this forum. You need a private consultation - immediately.

Attorney Howard Iken

[cgriff00]

One thing that will be used against you is the fact that you removed the child out the state. (That is if you did that without his blessing) Now that the child is with him and there is no legal documentation saying that you can or cannot see the child, you can try going through his Commander. (I can help with that if you like) I suggest that you either call the JAG office or visit one if one is close to you. Word of advise, he more than likely went to the JAG office on his base already so you will have to go to another office. (They cant see both parties with a situation such as yours) One good thing is you already know what he is going to use against you in court (drugs). Keep checking the state to make sure you aren't blindsided by a divorce without having a say in it. Hope this helps.

[yourneighbor]

1st, You need a lawyer.

2nd, You need to learn punctuation.

3rd, You need to prove you are drug free. (for custody)

4th, The "Commander" will likely do nothing - this is a civil matter and the Command
has already altered his Afgan Orders based on (evidently) humanitarian needs. Obviously, there is validity to his claims. JAG's only advise, they don't represent civil matters in court.

5th, Apparently, or seemingly, or at.least.I.suspect... your 4 month pregnancy is illegitimate, (based on his deployment/R&R and the math). Plus, a two year marriage doesn't appear very stable for alimony,etc. - Remember, Florida is a no-fault state. Custody is another matter.

6th, "Taking the child out of state" is a non-issue since filings, petitions, motions were not made. Many families relocate during long deployments. It's not unusual but legal residence and Home of Record are relevant to filing a case.

7th, Fall on your sword, Buck up, or whatever, to reconcile if you want joint custody because it doesn't look good.

8th, You need a Lawyer.
Signed..been there, done that.

[Attorney Howard Iken]

Thanks to everyone for contributing to the forum.