I have custody of my children and am scheduled to deploy… but my ex is saying that she will file for temporary custody while I am deployed. Is there any way for me to avoid deployment to avoid this? Family hardship?
how do i avoid military deployment?
25
Jul
Nikolas
July 25, 2010 at 7:21 am
Go and talk to your selected service law divison they should handle this sort of information and let you know what it is you need to do i have to believe that there is some sort of protocol that is laid out for situations such as these
Good luck buddy
ArmyChemo
July 25, 2010 at 8:02 am
I doubt it. More than likely you will be discharged if the situation can’t be resolved. Talk to the JAG office ASAP.
Paula
July 25, 2010 at 8:04 am
If you are deployed, your children have to be with someone.
Let her have them during your deployment and worry about “legal” custody once you get back.
While you are on deployment, there is probably not much she can do (IIRC there are laws protecting military personnel from such lawsuits while deployed – check with your attorney (but don’t tell her)).
usafbrat64
July 25, 2010 at 8:42 am
You should have a family care plan in place, with care takers in place in case of this situation. If you have no care plan or try to get out of your deployment because of this, the odds are they will discharge you. You do the military no good if you are not deployable.
We have friends that the daughter whose parents are divorced and both active duty. She lives with Mom most of the time, but goes to live with Dad for every deployment.
LCPL USMC (Lance Cpl Undrground)
July 25, 2010 at 9:37 am
I’m sure there is something your command can do. Especially if you believe that she is a danger to your kids. Talk to them ASAP.
Am
July 25, 2010 at 9:47 am
You really should look into the SSCRA before you take what she has to say to heart.
It says-
A service member who is either the plaintiff or the defendant in a civil lawsuit may request a stay, postponement, of a court proceeding in which he/she is a party. A service member may request a stay at any point in the proceedings.
Yes, it has happened that the other parent has gained custody of children while someone has deployed. But, that was mostly in the beginning of all of this, the courts have wised up to this act.
Talk to a JAG rep to make sure your custody paperwork is all in order. If you have sole custody and primary placement, you are legally able to say who cares for the children while you are away. You need a family care plan (if you haven’t done this) and then need to give someone legal POA over the children.
Being a single parent is NOT a reason to get out of a deployment. I am a single parent Soldier, I have deployed 2X and will go again very soon here.
By the way…If she can’t serve you, she can’t take you for custody ^_^ Hard to serve someone in Iraq or Afghanistan. She also has to fill out a statement about your military status when she files.
“Paula”-
This is the dumbest thing I have ever heard.
“Let her have them during your deployment and worry about “legal” custody once you get back.”
You have obviously never been a single parent. You don’t just tell someone to not worry about their kids until they retun (12+ months). There is obviously a reason this mother does not have custody, and is should probably stay that way. You have no clue how hard it is to change custody either.
jeeper_peeper321
July 25, 2010 at 10:03 am
Wheres your family care plan ?
Your not much good as a soldier, if you cannot deploy.
You can check with JAG about about the custody issue.
I thought they had added an amentment to one of the defense bills, that helped protect soldiers from losing custody during deployments.
Erudite
July 25, 2010 at 10:09 am
Write to your congress person and start there.
MVR
July 25, 2010 at 10:30 am
You cannot avoid deployment for this. As a military member with sole custody (I assume) of your children, you are required to have a Family Care Plan in place saying who would care for your children if you were unable to due to military commitment, deployment, etc. You can either (a) find someone to take care of your children (does not have to be your ex) or (b) leave the military. You going on deployment is not a good reason for them to give her custody – assuming you have a competent individual to care for them while you are gone.
Lynn C
July 25, 2010 at 10:58 am
Crap! What a deal. As long as your ex is legally elegible to take temporary custody, you’re screwed buddy. You’re going to deploy because getting all tied up in court is not going to stop that. It can’t be a family hardship if she is legally able to take the kids. Fighting this could hurt your chances of promotion if that is your concern. This is just one of those damned things that happen during wars. I feel for you brother.
Michelle
July 25, 2010 at 11:45 am
If you wear the uniform, you serve the deployment. If you do not want to deploy – take the uniform OFF.
You bring disgrace to every other Soldier in the Military…..past, present and future.
Family hardship? Bull sh*t. Every family in the Military has a hardship. Suck it up and serve your country. Or (like I said before) take the uniform off and let someone with honor wear it.
frichalf
July 25, 2010 at 12:18 pm
that is why you have the family care plan, it is for there so nobody gets into this kind of situation. look into that ASAP
HDH
July 25, 2010 at 1:13 pm
That’s illegal, actually.
You need to talk to JAG, civilians cannot prosecute you or take legal action against you while you are deployed, because you would be unable to represent your interests in court.
Mrsjvb
July 25, 2010 at 1:39 pm
there is no valid reason to avoid deployment. you have a family care plan, that is enough.
Married to the Army
July 25, 2010 at 2:02 pm
Sounds like bull crap. You just do not want to deploy so you came up with an excuse to not. If you do not want to deploy take care of your children and get the hell out the military you coward…