Out of the Navy early Fraudulently

[bee976]

What is the name of your state (only U.S. law)? kansas

My wife was married to a guy in the Navy. They got divorced and she moved back to kansas from california.
Shorly after she moved she found out she was pregnant. They decided to go ahead with the divorce. After the baby was born he drew up some papers and asked her to sign them, they basically stated that she was giving him custody of the child. These papers have never gone through any court nor did she ever give him custody of the child. She signed them because he told her he wanted to come home and be in the child's life.
Well it took him 2 and a half years to come home, he did however get out of the military early. He is now back in kansas and trying to get 50 / 50 residential custody of the child. I am wondering what ramifications this paper may have on him, or her. We have a lawyer and are getting ready to go to mediation. Did he break the law by getting out of the military fraudulently, and can this come back on her? Should we use this in our case against him getting 50/50 residential? any help is appreciated.

[dad43]

she could always argue the paper was signed under duress...how'd he get her to sign it, without her knowing what it was? that part should go under family law, child custody. forewarning, do not say "we", make sure you say "she", "him"...as for the paper, well it was signed 2.5 years ago, and he's JUST NOW trying to use it? and the child has been in her custody all this time? i'm assuming he's not on the birth certificate, as he wasn't in KS when the baby was born(or was he? or was the baby born where he was stationed?)...if he's not on the BC, never signed an AOP, dna/paternity has to be established first. technically, unless paternity is established, he has custody of a child that is as of right now, not his legal child. go to the family section and post this, minus the part of the military thing. his getting out early has no bearing, unless it was courtmartial for abuse(wether physical to someone else, or substance), or other such things that would provide a true reason for fear of him harming the child.

as for him getting out of the military early, why do you say it was fraudulently? people get out of the military early all the time. i did it, there was no room in rank for my MOS, and they paid me to leave...same with my best friend. servicemembers can be let go for health reasons, NJP/Court Martial proceedings, etc.

[IsabellaSoriano]

Originally Posted by bee976

What is the name of your state (only U.S. law)? kansas

My wife was married to a guy in the Navy. They got divorced and she moved back to kansas from california.
Shorly after she moved she found out she was pregnant. They decided to go ahead with the divorce. After the baby was born he drew up some papers and asked her to sign them, they basically stated that she was giving him custody of the child. These papers have never gone through any court nor did she ever give him custody of the child. She signed them because he told her he wanted to come home and be in the child's life.
Well it took him 2 and a half years to come home, he did however get out of the military early. He is now back in kansas and trying to get 50 / 50 residential custody of the child. I am wondering what ramifications this paper may have on him, or her. We have a lawyer and are getting ready to go to mediation. Did he break the law by getting out of the military fraudulently, and can this come back on her? Should we use this in our case against him getting 50/50 residential? any help is appreciated.

I KNOW this questions was already asked and answered in child custody and visitation.

[dad43]

Originally Posted by IsabellaSoriano

I KNOW this questions was already asked and answered in child custody and visitation.

leave it to me to backtrack, of sorts lol