Obtaining custody while in the military

Of course you can file for custody of your child.  However because of the situation, the length of time that you have been absent from the child's life, and that the child is now in the custody of extended family, you have most likely lost your parental presumption that the child should be with you as opposed to with relatives.   Even though it may all be through no fault of your own and due to the fact that you were serving your country, the court has to look at what is in the child's best interest.  You will have to show that it is in the child's best interest to live with a father she barely knows, in a distant state away from her current home.  That may be a difficult case to make, but if you want to do it, you will need to file a Petition for Custody in the Juvenile & Domestic Relations District Court for the county in which the child lives.    This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.