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When Family Law Doesn’t Seem To Serve The Family

On behalf of Musselwhite, Meinhart & Staples posted in family law on Tuesday, January 16, 2018.

A soldier currently deployed in Afghanistan is fighting to regain custody of his oldest child. He has been primary custody holder for nine years, but for reasons unknown a judge granted temporary custody to the boy’s biological mother. Kentucky residents who are also military services members may be interested in following this family law story. This particular custody dispute is happening in another state, but the issue is one that other service members have had.

While serving 12,000 miles from home, a sergeant in the Army National Guard got a call saying that his 11-year-old son has been removed from his home and is now living with his ex-wife. This is the first time in nine years that his ex has had primary custody, according to the father. His son had been living with him and his current wife full time.

This custody change took the child from the family he knows, the school he is used to and his friends. An appeal to the custody decision has been filed and the couple is now waiting for a response. The judge who granted the custody change is refusing to comment.

There are a lot of unanswered questions in this case, such as: Why did the biological mother come forward seeking custody now? Why was the primary custody holder not informed of the custody hearing or given a chance to fight it? No member of our armed services, whether based in Kentucky or elsewhere, should have to worry about losing one’s children while serving overseas, but it happens. Those who find themselves in the same position as this father can turn to a family law attorney for help.

Source: kten.com, “Soldier, wife take child custody appeal to social media,” Amelia Mugavero, Dec. 27, 2017

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