Does custody goes to the grandmother while father is in the military?

In 2018 my ex boyfriend and I went to court over our son. According to the order that was drawn by his attorney, my ex was trying to take custody of my son, but lied to me and said he was trying to get Joint Custody. My attorney said that’s not what the order was saying.  Anyways The judge granted me Legal and Physical Custody of our son and He gets visitation rights. Now my ex boyfriend is in the military. He told me his mother has the final say in everything including visitation when he’s not there. He said he has papers to prove that his mom gets visitation when he’s not there because visitation continues for him and She has the final say on everything if something happens to him. I haven’t received anything from the military stating what my ex is saying neither have we went back to court. I just have the order that states I have legal physical custody of my son and he has visitation rights from Chancery Court. So does his mother have the final say when visitation was given to my ex boyfriend not her??? Do I suppose to continue visitation even when he’s away in the military I’m just curious to know. I don’t mind my son seeing his grandmother but they always use court as an intimidation tactic to get what they want. Need advice????

5 Answers

  • Maxi
    Lv 7
    1 month ago
    Favorite Answer

    What you need is written court proof of 'what they say'......... as if what they say is used as intimidation then you need to be very clear to them that 'grandma' has no legal say in visitation or custody at all that was awarded legally by the court and if the court paperwork doesn't mention her by name she has zero 'rights'....... you need to inform your childs father you will not be intimidated/threatened, that you have no issue with your joint child seeing/visiting their grandmother and for the benefit of the child you want your joint child to continue to have access to their grandmother however it is YOU who has legal physical custody and YOU are the present and resident parent in control, HE has court awarded visitation and HE only

  • 1 month ago

    Not automatically, and the military can't give you anything saying what happens, because it's not up to them.  If it's not clear from the judge's order, then it may be necessary to go back to court and ask the judge.

  • 1 month ago

    The PARENT being in the military DOES NOT effect legal custody. Even if the parent is deployed overseas and is not permitted to have family with them, that by itself ONLY means they have to find someone else to physically care for the child while they are deployed. By itself, it doesn't effect legal custody, but it would likely be grounds to award legal custody to a close relative that was available to actually take physical custody.

    That said, YOU are not physically mature enough to have a child. By definition, you have to reach puberty to bear a child. The dozens of variations of this BAD fiction you have posted indicate you couldn't get custody of your own child if you were the ONLY living relative.

  • 1 month ago

    You absolutely need an attorney so if you don't have one, get one asap and ask the attorney.

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  • 1 month ago

    His mother has no say at all, unless the order specifically mentions her.  She does not get his visitation time.  

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