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Custody Issues Military

Hey guys, Dave Pisarra here with MensFamilylaw so we’re gonna talk about the situation where you have a child, you’re not married, so you’rejust boyfriend girlfriend, you’re probably on the birth certificate, but maybe you’renot, and she won’t let you see the kid. So here’s the deal. Mom has legal custody ofthe child and physical custody of the child because she’s the mom. She’s gonna be on thebirth certificate. If you’re on the birth certificate you have technically legal custodybut the question becomes what’s that really mean in terms of actual day to day operations.You’regonna have physical custody if mom is allowing you to see the baby, but the problem is whenmom wants to move and takes the kid with her

you don’t actually have a court order thatsays you have any time to actually see the child. The police are gonna look at it andsay mom’s supposed to be with the baby because the baby is still probably nursing. So ifyou’ve got that situation where you’re a daddy bu you’re not actually a court ordered dad,paying child support with a court order for visitation, you’re kinda left out in the coldwhen the kids are really young. So that’s the situation where you’re going to have tofile what’s called a paternity suit. Filing for paternity is a really easy thing we justfill out a couple of forms we get mom served, she’s got 30 days to file an answer, and thenwe can go forward and get a court order for

visitation, but that also means you’re probablygoing to have to pay child support, which if you’re a good dad you probably want topay anyways and like a lot of my clients you’re probably already paying the rent, buying diapers,putting in food, paying for the utilities and it’s possible that your child supportmight actually go down. So this can be a good thing for you from a financial standpointand it’s something that you definitely have to have if you want to make sure you haveyour rights to see your child. If you’ve got more questions, and you want to talk aboutit, please feel free to give me a call, check out the other tutorials, and read the blog, subscribeto our newsletter so you get the free Before

You Leave guide and listen, remember, a cheeseburgerand a chocolate shake will get you through just about everything. Take care man..

Bronx Divorce Attorney On Military Divorces With Children

A commonly asked question is, if one spouseis in the military and there is a child involved, who gets custody and what court will hearthe case. It’s not an easy question if the spouses live in different states. If theylive abroad, it may be where either spouse maintains their residence. Sum indicia ofwhat state will be the proper state to hear the custody dispute will be, if tax returnsare filed and the child is listed as a dependent, or exemption, in which state is that childlisted as a dependent and exemption? Military matters make it difficult for custody anddivorce proceedings. You should definitely speak to an attorney. There are some lawsthat protect those in active military to delay

the process where the case is stopped, orstayed, while they’re in active duty. So you should speak to an attorney regarding militarydivorce. Thank you..

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