Need my child back, please help?

Question

The mother of my child joined the army in North Carolina,according to her lawyer she took my child with her to the base. I have a joined legal custody of my child. She has full physical custody. Can she legally do this. what can I do to have my child back again? What's the military rules on these kind of cases?

Answer 1

She wouldn't be able to take the child to boot camp. So she would have had to get someone to watch the child.

As far as taking the child out of state, some, if not all states require the other parent to be notified in writing that the child is being taken out of state. You do need to check the laws in your state and hire a lawyer yourself, this could be considered kidnapping, and yes it can happen by the legal parent.

if the laws in your state says she cna't, then you have a case, and she would be required to get your permission, and this would cause issues.

As far as the military rules, they yield to the state. In other words, if you are in California, and she went to North Carolina, then it would fall to those states. If she was required to notify you in writing and she took the child out of state, she could get into trouble, because she would have to possibly go back to where you are to resolve the issue.  

Answer 2

Um, if she went to basic training she can't bring her kid... It's impossible, she has to leave it with someone

Answer 3

Kids can't go with parents while they are on training. So her lawyer lied to you, call your lawyer right away. Just because a parent moves out of state doesn't mean you don't get visitation rights, my mom moved out of state and when my weekend came to be with my mother I was there with her because that's what the court said had to happen.

Answer 4

The military has nothing to do with this, it is up to your civil agreement.  However, it would be impossible for her to take your child with her to basic, she would have had to leave the child with someone else during training and have a family care plan.  That lawyer might be holding back some information from you because you don't just walk onto a military base with a child and join without going to basic first.  Your best bet is to get with your lawyer and see what else you can find out because something isn't right with the story the lawyer gave you, unless there is more to it you didn't mention to us.

Answer 5

The military won't be involved with a civil case.  You should hire a lawyer.

Answer 6

If she's in training, I definitely don't think she can bring the child with her. Unless she's in active duty, she probably leave it with someone else. But you may wanna check with the lawyer then they should be able to give you more information on that.

Answer 7

I would get a lawyer and have the issue revisited in court. And I would do it quickly. Unless the current custody arrangement forbids it, she will be able to take the child anywhere she wants...including out of the country. If you get the judge to revisit the case b/c of the new circumstances (her being in the military) the custody decision may be changed to prevent this.  

Answer 8

Contact YOUR attorney, A.S.A.P fill him in on this, get the courts involved now!  Good Luck Don't Give IN

Vet-USAF / Father

Answer 9

if she has full physical then she's not in the wrong for being able to move out of state i think as long as it was brought up about her being in another state than you then she's not in the wrong right now. you have to fight her again for something if you want to get him or her back. you have to fight for some of that physical custody she has. it's a long uphill battle believe me. I'm in it too...