Hi I really need some advice. I recently gave birth to our baby a month ago and I’m going to file for divorce. My husband has orders next month for school and after that is going to have orders for sea duty. He will not be able to care for our child and he just got reported for domestic violence. How would I go about getting sole custody of our child?
He’s going to be protected under the SCRA until his school/sea duty is complete. Second, was the DV reported through the FAP/NCIS or local law enforcement? If it was through FAP/NCIS, he was likely flagged for investigation and won’t be attending school or sea duty. If it was reported through local law enforcement, it’ll likely hit the blotter report and he’ll be flagged for investigation. Either way, if he’s flagged he won’t be leaving where he’s at right now, so SCRA wouldn’t matter. You’d be able to file IAW state laws at that point.
@Kris
It was reported through FAP and I communicated with the CO. So sorry what is IAW?
Florian said:
@Kris
It was reported through FAP and I communicated with the CO. So sorry what is IAW?
IAW stands for In Accordance With. It means following the rules or laws of a particular situation.
@Pat
Got it, thank you. This whole process is so overwhelming.
@Pat
No problem. Remember to document everything and seek legal advice.
I’m really sorry to hear you’re going through this. It’s important to get legal advice from a lawyer experienced in military divorces. They can guide you on how to proceed with filing for divorce and seeking sole custody.
@Aubrey
Yes, having a lawyer is crucial. They can also help you understand the Servicemembers Civil Relief Act (SCRA) and how it might affect your case.
Blair said:
@Aubrey
Yes, having a lawyer is crucial. They can also help you understand the Servicemembers Civil Relief Act (SCRA) and how it might affect your case.
Thank you for the advice. I will look into finding a lawyer as soon as possible.
Blair said:
@Aubrey
Yes, having a lawyer is crucial. They can also help you understand the Servicemembers Civil Relief Act (SCRA) and how it might affect your case.
Good luck with everything. It sounds really tough, but you’re doing the right thing for you and your child.
Make sure to keep detailed records of all instances of domestic violence. This documentation can be very important in court.
Noelani said:
Make sure to keep detailed records of all instances of domestic violence. This documentation can be very important in court.
And don’t forget to report everything to the appropriate authorities. The more documentation, the better.
@Birch
I’ve been trying to keep records, but it’s so hard with a newborn and everything else going on.
@Birch
I totally understand. Just do your best, and make sure to ask for help from friends or family if you can.
Noelani said:
Make sure to keep detailed records of all instances of domestic violence. This documentation can be very important in court.
Maybe take pictures or videos as evidence if you feel safe doing so.
@Leith
I’ve taken a few, but I’m worried it might escalate things.
@Leith
Only do what you feel safe with. Your safety and your child’s safety are the most important.
Seeking support from a therapist could really help you cope with the stress and provide strategies to deal with your situation.
Hari said:
Seeking support from a therapist could really help you cope with the stress and provide strategies to deal with your situation.
Therapy can be a huge help, especially in situations like this. Look for resources that offer low-cost or free sessions.
@Wilder
I’ve thought about it, but finding the time and money has been really challenging.