Too late for a lawyer?

[VANCAM1]

What is the name of your state?CA
My husband is a military reserve and will be done with all training in a few weeks .He will now only serve one weekend a month. He had full custody of his son prior to leaving and will have been gone for almost six months.will getting an attorney help in getting his son back? We have a child together who has taken losing his father and brother very hard. Does the attorney help file the proper paperwork? or do you do that first? He has done all of the other court dates alone but we feel that since the mother has had him for six months the judge would want to leave him there even though she has two drug arrests and a domestic violence arrest.Can he start with a lawyer now or will the judge get mad?

 

[stepmom&mom]

I don't know of any judge that would deny a father custody of his son just because he went to military training. In fact, if that happens, your husband needs to go to JAG and get free legal representation. I was in the National Guard for six years, whilst being a single mother, and unless your husband gave custody of his son to his mother on a permanent basis, then the paperwork he filled out that the military requires only applies while he's absent. One question...why would he have not assigned custody to you instead of his mother?

 

[Silverplum]

One question...why would he have not assigned custody to you instead of his mother?

Because he can't "assign" custody. The other bio parent is next in line. The stepparent has no legal standing.

 

[stepmom&mom]

Sorry, I read that wrong. I thought she said that his mother (the NCP's mother) had custody of the kids. If the CP (or mother) was given custody, you will have to go to court to get that changed. You can still enlist the aid of JAG.