My ex and I have a 5 yr old son together. He has seen him VERY minimally his entire life by his own choice. He recently found out my husband who is in the MD army national guard ia deployed so he moved back to MD from OK where he has lived for 6 years and filed for joint legal custody and visitation. My son and his bio father do not have much of a relationship. I homeschool my son and have been the sole provider since day one. My questions are 1. Is he likely to get joint legal custody and 2. If my husband chooses to go active duty when he returns from this deployment, will I have a problem with taking my son wherever we get stationed? I know they look at the best interest of the child often, but like I said his bio father and him really do not have much of a relationahip and he is homeschooled so that's not an issue. He is 5 and has never been alone with my son for more than 5 hours.
1 Answer from Attorneys
It seems unlikely that your ex will get joint legal custody now, especially if he didn't seek it at the time of the divorce. He would have to show that you have failed to be an effective custodian up until now. As for your second question, if you do need to leave the area, arrangements will have to be made to facilitate your ex's visitation rights.