My husband is active duty army. He has just finished his AIT training at Fort Gordon, GA and is scheduled to go permanent party at Fort Gordon on 11/17/10. He was previously divorced and has a 9-year old daughter who lives with her mother in California. He has requested to have his daughter fly to Georgia for the Christmas holidays. Because of Basic Training and the long AIT training, he has not been able to take any leave since exodus fromj Basic Training last year so its been 11 months since he has seen his daughter. His ex-wife has denied his request and has stated that he is more than welcome to fly to California and spend a couple of afternoons with his daughter. It seems as though my husband is being denied his parental rights because he is in the military. What avenues can he take to correct this? Needless to say we have very little money for an expensive trial.
In addition, he is paying 650.00 per month in child support which is equivalent of 40%% of his E3 pay. Can child support also be adjusted to reflect his decreased income?
This is not a military law issue. Your husband should consult with a family law attorney licensed in CA. If there is a custody order/decree he should review it (generally the custody order/decree will be controlling) and have a copy available for the attorney, also a copy of the current support order and his JUMPS statements and whatever he knows about his former spouses income would be useful for evaluating child support. Attorneys work most efficiently when they have complete, organized, relevant information available.
