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armymomma
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Reged: 09/01/10
Posts: 1
Petitioning the court for change of custody
      #686670 - 09/01/10 04:00 AM

I am writing on behalf of my son who is in the Army & stationed in OK. His ex-wife lives in Tennessee with their 2 children,a son aged 13 & daughter aged 11. She also has twin 4 year old boys by her live-in boyfriend. His children want to live with him. If he petitions the court will the children be able to voice their preference to the judge? What do you think the chances would be for my son to get custody seeing as though he is in the Army & is a single father? Also, how would he go about proving the children would be better off with him full time? One other thing,I have heard that judges won't generally split siblings up. Is this true? My son is afraid being his daughter is only 11 the judge might not hear her side,only his son's,& there is no way he would take one without the other. Any information you can pass my way would be greatly appreciated. Thank You

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cindybankston
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Reged: 02/02/11
Posts: 2
Re: Petitioning the court for change of custody [Re: armymomma]
      #728908 - 02/02/11 12:14 PM

in some cases the judge does speak with the older children and takes that into his decision

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dadofone
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Reged: 02/09/11
Posts: 55
Re: Petitioning the court for change of custody [Re: cindybankston]
      #730017 - 02/09/11 11:42 AM

Depends on how mature the 11 year old is. As a general rule, if both children want to live with dad and they will tell the judge their preference, the he will take it in consideration. I'd say he has a good chance.

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wolvbucks
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Reged: 10/05/11
Posts: 11
Re: Petitioning the court for change of custody [Re: dadofone]
      #764379 - 10/07/11 11:45 AM

Well being in the Army as a single parent would be rough. The judge told us, it is "unstable" due to deployments, hours, etc. Tell your son to go to his Sgt Major and ask for the "parenting plan" this is where he fills out paper work of short time care givers for the kids (30 days and under) and then a long term care giver, one for deployments. If he has this paper work ready and everyone in place and can show the judge that he is putting a "foot forward" and getting everything in line, that might help the "stability" issue of military life. Also, have him check the schools on post and around post where he lives, ensure he get's their ratings, etc and then have him choose the best school and let the judge know that. It's a 50/50 chance with a single military parent...they only thing that will happen is the judge will say "no", so why not go for it, either he get's the kids and/or everything stays the same. I was a single military parent for 7 years.

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