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brismomma115 | Can my husband's ex wife take the kids while he is deployed? |
My husband is in th emiltary and getting ready to deploy. He has sole cusotdy of his two daughters from his first marriage, while he is deployed is there any way that she can take the girls from me, since i am not the biologica parent????
Additional Details
I disagree with the comment that the biomother should have the children, you have to stop and think there is a reason that my husband has sole custody |
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Cherriest
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Yes, she can take the children and she has every right to. As the step-mother, you have zero rights to the children of your husband and his ex-wife. I know this because my ex-husband took me to court a little over a year ago right before he was deployed for Iraq. Even though I have complete custody of our children, he took me to court so his parents and current wife could have vistation rights while he was deployed. He lost. Period. In the end, I didn't have to even let the children talk to his parents or his wife on the phone because they had no rights. Also, how is she "taking the girls" from you??? They are HER children.. they were never yours to begin with. Sounds to me like you are trying to keep HER children from her. |
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oohhbother
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No. If he has sole custody, he is able to make any arrangement for appropriate care that he sees fit, grandparents, aunt & uncle, YOU. Just make sure that you have some kind of documentation to be able to seek health care for the children. |
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kbanger1
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Since he has sole custody, the ex really has no grounds of taking them from you since she doesn't want them plus the fact she has either gave up or lost custody of her children. |
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davega7
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She can petition the court to give her custody while he's away. I'm wondering why you wouldn't want their biological mother to have them. I would think this would be a great time for her and them to get some mother/child bonding time in. If there is some physical or emotional danger/neglect they would experience by being with her, then your husband can request they stay with you. He'll have to prove it though. The courts only care about what's best for the kids, not for you or even your husband or his ex. If they feel the kids would benefit by being with their mother, then let them go. As a mother myself, your question kinda put a knot into my stomach. I'd die if I was in that situation and the kids couldn't be with me for the time he was gone. Then again, maybe there's something you didn't tell us. |
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beth_just_bbeetth
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Absolutely! And that is as it should be...deferring to the rights of the actual parents. |
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starangel1963
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The laws are different for each state but if I were you I would contact the legal department on base. I'm almost sure there are ways of protecting your husband's rights while he is away. Sole custody is usually given for a good reason. I know I wouldn't want my children living with their father while I was away. I would want them here with the man that is actually raising them. They should not be taken from what they are comfortable with. |
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Dud
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Nope, but if she brings something to court before he deploys she has a chance. There is a law that protects him while he's deployed, can't really remember the name. Get the phone number to JAG or look online at militaryonesource.com |
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tmb1225
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she'd probably have to go to court. Contact a lawyer if your worried. |
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dshcpa
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I would strongly suggest consulting an attorney on this matter since he has sole custody and that is what will be looked at not whether or not you both agreed to it, or you're on good terms with eachother, etc. It's possible for her to take them I'm sure, but if I were you, before you and your husband did that, I would want to remove as much liability from you and him as possible. Good luck. |
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gentlewildman2003
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As the law stands you are married and he is leaving the kids in your care as his wife. Unless something happens to the kids the indangers there well being to where she can prove neglegence on your part she can not take the kids. I know because I had the reverse happen to me my wife was in the navy went acroos seas to 1 yr the kids father tried to take the kids and he was told custody was given to my wife and since we was married and she did abandon and just leave the kids she was in the military the kids father could try to get more visitation but could not get custody unless they proved me unfit which they could not. I hope this ansers your ? . Have a blessed day. |
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