How to File for Divorce and Custody of Child While on Active Military Service in Iraq

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.

Question: 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.