Can someone join the Army involved in child custody hearings?

Question

The mother of my child joined the army and took my child with her. I did an emengency motion with the court and the Judge ordered her to come back with my child in a month.She is in active duty training. Will she be able to come back?

Answer 1

She might not have to regardless of what the judge ordered... military personnel have a different set of rules. (for example... they are not tried in regular courts if they commit a crime they are tried in military courts.)

Answer 2

For her to go to basic training, she would have to give up custody of her children to some one else unless she were married. She will most likely not be able to come back her self, how ever the judge can order who ever she gave custody too, to bring the children back to you while she is not able to take care of them her self. This may be a custody battle with your ex-inlaws now.

Answer 3

Well, active duty training or no active duty training, judge's order is a judge's order. She is lucky the judge is giving her a month. If I were you though, I would try to contact her base to make sure that the commander did receive the paperwork, if he or she did not, kindly offer to have it resent. They will need this paperwork to let her go. She may 'accidentally' forget to show her copy. Good luck. Also, remember that no matter how difficult she makes it, never give up on seeing your child and being a part of his or her life. Your child will reap the rewards of knowing how much daddy loves him or her, and that is so important. Trust me, my husband has been there, done that. Again, good luck :)

Answer 4

By training do you mean Basic and AIT? If you do then your child is not with her at this moment. She would have to have given temporary custody to someone in order to go. The judge may order her to come back but she may not have to if she contacts the court and explains. The question is why do you want to mess with her bettering herself by joining the military. I am sure that some sort of agreeable custody arrangement could be figured out. Just because she is in the military doesn't mean that you won't see your child. Maybe you should ask yourself that before you jump the gun.

Answer 5

she will get into trouble for leaving while she still  had unresolved court issues.  also if she is a single parent, she committed fraud if she didn't tell them she was a single parent.  she will be kicked out of the Army most likely.  

  ESPECIALLY since she couldn't have brought the child to Basic training with her.  

  who has the kid now?  

Even if she did produce court documentation that she did not have custody.. the fact remains that according to the OP, there was an unresolved court case in which she was involved.  that alone disqualified her from shipping and yes the Army CAN and WILL send her home.. probably permanently for failing to disclose she was involved in a custody dispute.  also if she granted custody( which has pot be PERMANENT, not temporary) to someone  that the father did not approve of or know about.,. that is also grounds for civil legal action.