Legal Question in Military Law in Iowa

Child Custody Restrictions Due to ANG Involvement?

I recently spoke with a lawyer who told me that because I am involved with the Iowa Air National Guard, there is no way that I can get granted joint legal and physical custody. There have been other issues that my lawyer has been misinformed on, so I am looking for a second opinion. I am in a unit that has 100% voluntary deployments and I personally have not been activated for more than 2 weeks in the past three years. My ex and I have been married for two and a half years and our daughter is two. We both have stable jobs and separate stable homes for our daughter. Can the courts deny me custody based on my military involvement?


Asked on 11/01/07, 11:06 am

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Child Custody Restrictions Due to ANG Involvement?

I think you need a new lawyer! Being a member of the Guard [or Reserves for that matter] does not LEGALLY disqualify you from having physical custody of your daughter. If you were in an AFSC that had you in a continuous deployment cycle, that would obviously be a factor for the Judge to consider, but factually you are not.

The next time that you drill, get an appointment with the Legal Assistance officer [a JAG] - make sure that your child care "plan" is up to date and find out what specific laws in Iowa protect members of the ANG.

Good luck!

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Answered on 11/01/07, 6:30 pm


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