QUESTION
What are the conditions of receiving child custody?
Asked on Jan 14th, 2014 on Child Custody - Texas
More details to this question:
I had a child with a married woman/separated. I've been paying her child support while I've been away on deployment in Afghanistan. She keeps threatening for more money or she's taking me to court for child support and visitation. I'm wondering what are my options when I return home for custody. She has 18 years in the military full time and from the information I've gathered she can be charged UCMJ for adultery and there could be state charges, misdemeanor. If charged UCMJ she would be charged with a dishonorable discharge and loose all military benefits. How does this stack up to receiving custody in a custody battle for my child? Could adultery affect her from getting custody in a custody case?
5 ANSWERS
Domestic Relations Law Attorney serving Taylor, MI
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Belanger, Paul, P.C.
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She will have to establish the parentage. File a DC case.
Answered on Jan 17th, 2014 at 4:26 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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All you need to do is go to court to petition for a parenting plan. Obviously you must have been adjudicated to be the father if you're paying child support unless you're doing it via some private arrangement. If so, you shouldn't have been doing it since private arrangements about children are not legal. The UCMJ has nothing to do with it unless you bring it up via the military. If you're paying child support, they already know about it anyway. It is no threat to go to court over child support and visitation, as that is the only way to do both legally.
Answered on Jan 17th, 2014 at 3:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Adultery will probably not be a basis for changing child custody. However, you are the father and do have the right to have some custody, visitation or such. When you get back to the United States, you will need to file a petition to modify the present custody order in whatever state the original order was issued or where the child is now if the state is different and it makes more sense.
Answered on Jan 16th, 2014 at 7:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is a complex problem, it is doubtful there is a state court action but there may well be under the UCMJ. You are entitled to your rights (parenting time, input and perhaps custody) as well as your obligations, as a parent. Regarding the UCMJ - caution, that could cut both ways. Best to reach an agreement!
Answered on Jan 16th, 2014 at 7:53 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Adultery is not a big factor when considering child custody. Who is the more loving and caring and able parent are the big factors.
Answered on Jan 16th, 2014 at 7:52 PM