Posted on May 20, 2016
SSG Retired
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Was assaulted in 2010 while deployed to Iraq. Upon my return had custody of the children. Court order was modified in 2014 stating my ex would have custody if I was deployed. Caveat he had to return them to me within 10 days of my redeployment stateside. I deployed to Korea October 2014 and I returned December 2015. Custody order was in my favor to receive the children back however ex-husband refused to give the children back to me and refused all visitation. He is citing my PTSD from the MST stating that I am unfit. I have just recently retired honorably with a 50% rating for PTSD both Army and VA. Buy legal light rights I should have the children however I now have to go through this custody battle to get them back. I am curious if anyone has gone through this has heard of anyone going through this or has any opinion on this subject. Thank you.
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Responses: 19
SGT David T.
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Absent a change in the court order, he is still bound the order. I would view it as kidnapping personally.
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SSG Retired
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Thank you all. I have an experienced attorney but I wanted the "feel" of everyone. In the JAG we tend to bounce stuff off of others that are not directly involved to get their feelings. I appreciate your responses.
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SPC David S.
SPC David S.
>1 y
We may be a little biased on this.
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SPC Anne Miller
SPC Anne Miller
>1 y
SPC David S. - I appreciate your honesty.
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CPT John Sheridan
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1. Consult an attorney.
2. File a charge of custodial interference
3. Ask the court for a contempt citation and a court order to return the kids
4. Ask your psychologist/psychiatrist for an evaluation showing that there is no danger or inevitable harm to the kids by being with you
5. Don't take my advice beyond #1 before you consult an attorney
6. Did I say that you should consult an attorney?
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