Friend needs Divorce and Custody help!

[GoodFriend001]

What is the name of your state? Mississippi

I am writing this because I am worried about a good friend of mine and the starting of his divorce proceedings. We both currently work in Iraq and have been here since October. He has been married 16 years and has a daughter who just turned 15. This story starts before he left for Iraq. He and his wife discussed his working over here and she was fine with it. It is more money coming into the household. But before he left. they had a fight and she stabbed him with a screw driver. His mistake...he didn't call the police and get it documented.

He has now decided to file for divorce. He told his wife that he is going to file for divorce when he returns to the United States in April. The final straw on his deciding to file was when his daughter told him that his wife was going out on dates with other men and inviting them over late at night. The daughter volunteered the information and is not mad at the mother. She says she told him because she thought he should know what her mother was doing. He has been completely faithful to her. It has been hard for him to do, but he's been good.

Question is: The daughter wants to live with him. Her mother works at a job that takes her away from the home for 4 days during the week and the daughter currently stays in the family home with a friend of the mother. What are the chances of getting full, physical custody of the daughter? If he decided to continue working in Iraq after the divorce, can he get full physical custody of the daughter and the daughter live with a relative while he finishes out his contract here. The daughter has told him "under no circumstances to I want to live with my mother". With her being 15, will the judge listen to her wishes?

Any advice out there for him?

 

[LdiJ]

What is the name of your state? Mississippi

I am writing this because I am worried about a good friend of mine and the starting of his divorce proceedings. We both currently work in Iraq and have been here since October. He has been married 16 years and has a daughter who just turned 15. This story starts before he left for Iraq. He and his wife discussed his working over here and she was fine with it. It is more money coming into the household. But before he left. they had a fight and she stabbed him with a screw driver. His mistake...he didn't call the police and get it documented.

He has now decided to file for divorce. He told his wife that he is going to file for divorce when he returns to the United States in April. The final straw on his deciding to file was when his daughter told him that his wife was going out on dates with other men and inviting them over late at night. The daughter volunteered the information and is not mad at the mother. She says she told him because she thought he should know what her mother was doing. He has been completely faithful to her. It has been hard for him to do, but he's been good.

Question is: The daughter wants to live with him. Her mother works at a job that takes her away from the home for 4 days during the week and the daughter currently stays in the family home with a friend of the mother. What are the chances of getting full, physical custody of the daughter? If he decided to continue working in Iraq after the divorce, can he get full physical custody of the daughter and the daughter live with a relative while he finishes out his contract here. The daughter has told him "under no circumstances to I want to live with my mother". With her being 15, will the judge listen to her wishes?

Any advice out there for him?

First, there is little chance that he could get full custody. Judge's rarely order that these days. The best he could realistically hope for is joint legal custody with him having primary physical custody.

No, a judge isn't going to award him primary custody if he is working in Iraq. If he wants primary custody he is going to have to work in MS. The child's wishes will matter to some extent, but the judge will still make the decision based on "best interest".