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  •  Vet Wife is so right about this, the most a judge (5+ / 0-)

    will grant you is joint and shared custody if he feels she is a fit mother.  But if you want sole custody, it must be shown that the child would be in an unhealthy or unsafe environment living with her.  

    My nephew's wife deserted him and took their baby out of state to live with her lover while he was deployed to Iraq. It was during the worst part of the war in Iraq, when it was most dangerous. She told him via email she was leaving him and moving out state and taking the baby with her. The most he has even been able, 6 yrs later, is joint custody. He was fortunate to get transferred to the state where the mother and child reside.  He had to change his entire classification in the Army to do so but it finally worked out.  He has now remarried with another child and the ex wife has remarried.  The mother has a history of cutting herself and other mental illness but he was never able to get sole custody no matter what she did and no matter what the psychologists said who backed him up and said the child needed therapy because of the mother. The judge simply refused to grant sole custody to him because he is still active duty Military and career military.
    The only good thing is he is now able to see his child most anytime he wants but he is still pushing for custody and it is a tough road.  The problem was he was in Iraq and he could not stop her actions or take her to court until he returned home, his hands were tied.  

    You are more fortunate as you can take her to court quickly and you got a lawyer quickly..that is good.

    Follow PA Keystone Liberals on Twitter: @KeystoneLibs

    by wishingwell on Sat Jan 26, 2013 at 08:22:25 PM PST

    [ Parent ]

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