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Old 03-07-2012, 10:45 AM
 
3 posts, read 9,289 times
Reputation: 14

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I am writting this post in order to get some information from anyone with knowledge on what I should do and how I can get custody of my son.

My wife and I have been having some troubles lately and she has explained to me that she wants a divorce. You should know I am currrently in Afghanistan in the Army and my wife is stationed back in Germany at our home base. Our Home of address is Texas though. I will be getting out of the Army soon here in Oct. 2012 to start going to college using my G.I.Bill.
With that said, We have a 2 year old son that I have only been around for about 9 months out of the 2 years combined due to deployments to war zones and being involved in NATO Training, Something out of my hands as a soldier. My wife is a great mother and I am a great father, Im not really sure the real reason to why we are divorcing other than she is unhappy with her life.
Everything I have done to stay alive here was because of my son and my wife, working hard so we could have a roof over our head and food on the table as I watched my closest friends being shot and drowning in their own blood.
I now have a total of 3 months left in afghanistan, then I will be going back to a empty home where I wil not see my son again until next October.
My wife has not worked or contributed to anything we have until today, she started a job today after being unemployed for about 2 years.
She will most likely move home to Houston, Texas when I am planning on moving to Austin, Texas about a 150 mile difference to start and finish my college degree. She will be doing the same probably living with her parents, working and going to school. We are pretty equal parents I would say other than the fact about who has brought in the salary.
Im afraid of the truth that I will never be able to see my son, or only on the weekends. I believe that my son should have me in his life and I disearve to have him live with me for some years until he is old enough to tell me what he wants. I want to do whats best for him.

I will appreciate anyones opinion or help.
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Old 03-07-2012, 02:34 PM
 
3,020 posts, read 8,593,793 times
Reputation: 3282
Unfortunately due to the divorce, the child will end up having only one parent. Also unfortunate for you, is Texas courts tend to favor the mother unless she is unfit or otherwise unable to care for the child. I would contact a Texas attorney familiar with child custody laws and case law. You might be able to convince the court that you are the best parent to care for the child but I'd expect an uphill battle. Good luck; there are lawyers who specialize in helping fathers in these situations.
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Old 03-07-2012, 03:09 PM
 
Location: Austin, TX
15,260 posts, read 35,541,534 times
Reputation: 8598
You might easily get joint (50/50) custody; it is very unlikely you will get sole or primary custody.
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Old 03-07-2012, 03:29 PM
 
3 posts, read 9,289 times
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I dont realy understand the difference on types of custodies. With Joint do we still pay each other Child Support? Or will you support your own house hold the other parent does the same?
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Old 03-07-2012, 06:13 PM
 
Location: TX
4,057 posts, read 5,629,604 times
Reputation: 4761
Your best chance of even joint custody would be to live near your son and build a relationship with him.
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Old 03-08-2012, 05:56 AM
 
3 posts, read 10,055 times
Reputation: 21
I would contact a Texas attorney familiar with child custody laws and case law. http://www.filii.info/g.gif (broken link)
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Old 03-08-2012, 07:12 AM
 
Location: Sacramento Mtns of NM
4,280 posts, read 9,133,252 times
Reputation: 3738
There are all sorts of web sites that have information on divorce laws and child custody laws, including the Attorney General web pages for Texas. This is from the Atty. Gen. site:
Quote:
  • Child support and visitation rights are separate issues. The court determines both and will usually order the noncustodial parent to pay child support and the custodial parent to make the child available for visits.

  • The custodial parent has a duty to obey the court order for visitation, even if the noncustodial parent cannot or will not pay child support. The court can enforce its orders against either parent.
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Old 03-08-2012, 08:20 AM
 
2,312 posts, read 3,658,057 times
Reputation: 1606
Custody almost always goes to the mother unless you can prove abuse, mental incapacity, etc. The military will pull the child support right out of your pay so you will bever see it. You will see your son, the court will make sure of that
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