“My Son is in Iraq. His wife has left the state with his son, and has no intention of returning. Son wants divorce, and custody of child. I have his POA. Need help in how to proceed.”

She is at her right to file for a divorce. The Court will be unwilling to make permanent orders that will prejudice your son’s rights vis-a-vis the children on his return from active military service. However, it will make temporary orders to make sure that those children are taken care of. Your son will need local counsel in the divorce action, and an attorney experienced in issues faced by active military. He can probably get a referral through his branch of the military legal department.

Even with the POA, without your son’s active participation in the case, you may not be able to stop her from being temporarily able to move. That should be confirmed with your son’s local counsel.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.