Authorized Departure from Military Base and Child Custody

[christianwos]

Hello everyone,
First post here. I have a bit of a weird question about child custody. My ex and my son live on a military base in Japan and due to the COVID-19 crisis they were evacuated from the base and sent home earlier. They generally get home in mid June and stay until mid august. Normally, during that time, I have my son with me for 6 weeks, but the Department of State has designated their safe haven my ex wife' house, which means that technically they are not allowed to leave the house.
They don't know when they are leaving to go back to the base and I was arguing that he should stay with me for seven weeks, since we are in Pennsylvania and PA child custody orders are still enforced. My ex claims that he must not leave the house and refuses to have him stay with me as she says that the authorized departure is not a vacation but rather a necessary move that comes with strict stipulations, one of which is for them to stay at their safe haven.
Can a government body supersede a child custody, especially when the state still enforces the child custody?
Thanks.

 

[Zigner]

You should contact someone on the base about the matter - start with the JAG office. Generally, I'd say that she is on firm ground here.

 

[adjusterjack]

A lot of this is happening everywhere and, frankly, by the time you get this into court it's going to be after the summer is over and the court will probably excuse your ex for making a decision for your son's safety, which is another way of saying that I agree with Zigner's assessment.

Instead of "arguing" (which often leads to hostility) why not take the high road and work out a schedule where you can hang out with your son at your ex's home.

If you can't work that out will it kill you to miss a summer with your son? It won't. People all over this country and the world are missing out on a lot of things during this Covid19 crisis, not the least of which is their income due to job loss.

Get some perspective. Your situation is inconsequential compared to the death toll. To date PA has had 70,735 cases and 5,464 deaths. Much of PA has stay-at-home mandates.

This is not the time to pick a fight with your ex.

 

[christianwos]

A lot of this is happening everywhere and, frankly, by the time you get this into court it's going to be after the summer is over and the court will probably excuse your ex for making a decision for your son's safety, which is another way of saying that I agree with Zigner's assessment.

Instead of "arguing" (which often leads to hostility) why not take the high road and work out a schedule where you can hang out with your son at your ex's home.

If you can't work that out will it kill you to miss a summer with your son? It won't. People all over this country and the world are missing out on a lot of things during this Covid19 crisis, not the least of which is their income due to job loss.

Get some perspective. Your situation is inconsequential compared to the death toll. To date PA has had 70,735 cases and 5,464 deaths. Much of PA has stay-at-home mandates.

This is not the time to pick a fight with your ex.

I agree wholeheartedly on the severity of the crisis. I am not trying to pick a fight, but only trying to protect my rights. I am being as friendly to her as possible, and I am also trying to work out a schedule so that I can see him as much as I can. I know that things aren't normal right now, I am from Italy, and many relatives and friends back there were affected far more than I am. It is just my father desire to spend as much time as possible with my son.

 

[t74]

I am sure your child would love to be out of quarantine and have the ability to see you and have the freedom to participate in activities not possible in his current environment.

Military members and their family members living with them are under strict quarantine and work rules. This is necessary to insure the health of all members of the military. My grandchildren were out of their residence and yard for the first time since March last week. Extended family member PCSing to HI will be quarantined to their hotel room with two adults, a 4 yo and a toddler for 2 weeks with no time outside the room and only delivered meals. Your child is lucky compared to them.

You can suggest that your ex check with command to see if there are any exceptions and what they entail.

I suggest you discuss makeup time once the quarantine is lifted. As an alternative, you could ask for the entire summer next year. Recall, the quarantine requirements for someone entering Japan are significant to the discussion.

 

[adjusterjack]

I am not trying to pick a fight, but only trying to protect my rights.

Amusing. With divorced people "protect my rights" is a euphemism for picking a fight. Tomato - tomahto.

 

[Just Blue]

Amusing. With divorced people "protect my rights" is a euphemism for picking a fight. Tomato - tomahto.

I don't know Jack...OP seems more like he's trying to make sure the ex's isn't selling him a bill of goods. I can't fault him for that.

 

[christianwos]

Amusing. With divorced people "protect my rights" is a euphemism for picking a fight. Tomato - tomahto.

I see that you are an expert in picking fights. I am not. But as a father I have rights, which have been violated in the past, so I just want to make sure that doesn't happen again.

 

[Just Blue]

I see that you are an expert in picking fights. I am not. But as a father I have rights, which have been violated in the past, so I just want to make sure that doesn't happen again.

Be polite to the volunteers...even when you don't agree with them. Our words can give unintended perceptions and that was Jacks perception of your opening post. You can learn how to present yourself from that.

 

[adjusterjack]

I don't know Jack...OP seems more like he's trying to make sure the ex's isn't selling him a bill of goods. I can't fault him for that.

I wouldn't fault him for wanting to verify the stay at home order with the state and/or military.

 

[Taxing Matters]

Can a government body supersede a child custody, especially when the state still enforces the child custody?
Thanks.

The general answer to your question is yes — especially when that government body is the federal government. Your custody/visitation order settles the rights each parent has for time with your kid. She has to comply with that as best she can. If the military has issued orders that prevent her from complying those orders are going to take precedence over the child support order. The exact details of the order, however, do matter so you'd want to get a copy of them and discuss it with your family law attorney.

 

[christianwos]

The general answer to your question is yes — especially when that government body is the federal government. Your custody/visitation order settles the rights each parent has for time with your kid. She has to comply with that as best she can. If the military has issued orders that prevent her from complying those orders are going to take precedence over the child support order. The exact details of the order, however, do matter so you'd want to get a copy of them and discuss it with your family law attorney.

Thank you for your answer.

 

[t74]

There is a benefit in all of this Children have been Zooming for school and activities so having family Zoom meeting cn become a regular affair with you, aunts, uncles, grandparents, etc. Have a family reunion every week!