Child Custody While Deployed

by Maria from Florida

Can my ex boyfriend take my kid away? I'm Joining the military I have full custody of my child. I live in Florida, I have full custody of my 3 years old child my ex boyfriend pays child support.

I'm married now with someone else who by the way has raised my kid since he was 2 months old.

My question is can he (my ex boyfriend) take my kid away?He made I comment that if I join the military he will take him away and that he will win in court.

I'm concerned about this I'm not an unfit mother just because I want to better my life and my kids life, but according to him that makes me an unfit mother because of training.

I'm confused is serving my country getting a good military Job with tons of benefits to better my life and my kids life gives him the right in court to take my kid away? Like I said I have full custody my Kid doesn't even has his last name cause he wont give him his last name all he does is pay child support now he want to sabotage my life by using this as a tool.

Answer to Florida Child Custody Question

Dear Maria,

Florida courts are obliged to act in the best interests of the child.

As a matter of public policy, Florida courts have a strong bias in favor of shared parental responsibility.


That means that Florida courts want both parents to be part of their children's lives.

I don't think that his comment that he will win a custody battle in court is completely persuasive; but there is some truth in it.

If I'm not mistaken, as a parent in the military, you are required to have a plan in place for the care of your children.

Your husband, the child's stepfather, may not be awarded temporary custody, if the child's father does not consent.

I believe that the child's father is next in line for physical custody of the child, unless there are compelling reasons to disallow his custody.

But, the fact that you are joining the military and training does not make you an unfit mother. You may be able to question his fitness if he has had no regular contact with the child.

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