Military Divorces: camouflage and complexities

military divorceMilitary divorces are different than civilian cases, and often times more complicated. That’s why the confusion was understandable when a potential client approached us with questions regarding how she should go about divorcing her husband who is an active-duty serviceman.

In this specific woman’s case, her biggest question was where. Though the couple has a home of record in Texas, the family is currently stationed in San Diego, California; she didn’t know which state would be best to file in.

We advised her to file here in San Diego so as to gain court-ordered spousal support and child support immediately. However, once filed here, and assuming the children have been here for over six months, the San Diego court will have continuing jurisdiction over the children. This means if she wished to move back to Texas (or to any state for that matter), she should do so immediately, hoping that her husband doesn’t file in California before the children have lived in Texas for over 6 months. If he did, the woman could be forced to return the children to their father. With this in mind, if she so wishes to move back to Texas, she should tell her husband where she will be reached, how she can be reached, and allow for him to visit their children- in writing. That way, there is zero room for an accusation of parental kidnapping.

Divorce is hard. It can be even harder for a family in the military. For more information on military divorce, visit our website: http://stanprowse.com/military-divorces-are-different

PTSD and Child Custody

DepressionPTSD is a major obstacle in child custody disputes.

 

PTSD characterized in part by sudden aggressive outbursts or sudden violence will be a major obstacle to a current or former service member’s chances of obtaining unsupervised visitation with his minor children, much less joint physical custody.  The courts, as well as minor’s counsel, will put the children’s safety and freedom from emotional trauma ahead of all other considerations if they believe there is a risk that the member will “snap.”  Once there has been a diagnosis of PTSD, the member must accept the diagnosis, however unfair it may seem, rather than go into denial.  The way forward is to undergo all available psychotherapy and drug therapy, so that a solid mass of professional evidence is available that treatment has been willingly sought and successful.  In short, any member with PTSD in his record must be prepared to prove to a skeptical judge that he or she is not going to harm children or anyone else.

 

For more information please visit our website:
http://stanprowse.com/getting-help-with-ptsd
Stan Prowse