Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Sailor in the Navy is deployed on a submarine far out in the Pacific.
His ex-wife and mother of the child is demanding custody. She previously had the child removed from her custody by Child Protective Services due to neglect.
The girl is currently living with her step-mother in Seattle.
Judge in Michigan states that if the girl can't be with the father, then she MUST be with the mother.
Judge demands that sailor show up in court and turn over custody or be found in contempt of court.
A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.
Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.
Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”
But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”
The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.
how can a sailor that is deployed for 1/2 of the time maintain custody?
Not sure if serious. The girl is with the step-mother and has been living with both of them in Seattle for the past 4 years. Are you advocating that those in the military not be allowed to have kids now?
JAG needs to get involved in this. One of the challenges of military service are judges and a family law legal system that is unable to deal with their standards (not laws, mind you) coming into conflict with military service requirements.
This is obviously a situation that has been acceptable for 4 years, and now it's a problem?
My bet? The mom wants child support dollars each and every time the sailor is deployed to sea. This is likely not about the best interests of the daughter, but about an ex wife trying to extract the maximum support dollars from the ex husband.
In my most judgemental thoughts, the judge looks like she would encourage just that sort of thing, too.
Location: "Silicon Valley" (part of San Francisco Bay Area, California, USA)
4,375 posts, read 4,070,925 times
Reputation: 2158
Quote:
Originally Posted by Juram
Not sure if serious. The girl is with the step-mother and has been living with both of them in Seattle for the past 4 years. Are you advocating that those in the military not be allowed to have kids now?
I was a submariner myself and I agree that he probably shouldn't have custody. On Tridents (Ohio Class) we're at sea for about three months; I personally have spent 87 days submerged in the submarine. Fast attack (Los Angeles Class) are even worse, they'll deploy for six months or more, coming into port for a few days at a time.
I think this child should be with the mother.
Having said that, yes I would hope the Navy can get him a JAG lawyer. But I do expect him to pay some child support. It is his kid, and he has an income (albeit a low income).
I'm still wondering what the mother did that caused CPS to remove the child from her custody originally. Did they later determine that she didn't do anything wrong? Otherwise, it seems ludicrous to return a child to a parent who had been previously deemed unfit.
I agree that this is probably about child support $$$.
I was a submariner myself and I agree that he probably shouldn't have custody. On Tridents (Ohio Class) we're at sea for about three months; I personally have spent 87 days submerged in the submarine. Fast attack (Los Angeles Class) are even worse, they'll deploy for six months or more, coming into port for a few days at a time.
I think this child should be with the mother.
Having said that, yes I would hope the Navy can get him a JAG lawyer. But I do expect him to pay some child support. It is his kid, and he has an income (albeit a low income).
You realize why the child is not with the mother? Because CPS took the child from her. Why do you think the child should be with an abusive mother just because the father is out to sea?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
