Child custody

Dear Determined:

Greetings. First, let me thank you for your current military service to our country. Next, I don’t think it will be extremely hard for you to obtain custody of your daughter, but your wife will continue to have visitation. You should immediately obtain a domestic violence restraining order, including your 5 year old child.

Your major problem is deployment. What is the possibility of being assigned to a job state-side for the remainder of your enlistment?

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Im currently in North Carolina serving in the Air Force. I got married last year in August to my wife after a 8 month courtship and after I found out she was pregnant. She has a child (5yrs) from a previous relationship. Our first child was born back in March. In late January, we had an argument while she was pregnant, and she attacked me, punching and screaming, squeezing my windpipe so hard it hurt to swallow for a week. I didnt hurt her because I was terrified of hurting my then unborn child. She grabbed a knife and put it to her wrist asking her 5yr old if she wanted mommy to die. I got the knife from her, but she bit my arm during the struggle. Everything settled down and we went to sleep. I didnt notify the police, but the Air Force has records and photographs of the bite mark on my arm.
Children services was notified, but I didnt tell them about the knife because I didnt want her 5yr old to be taken away. She has been emotionally abusive since that time, but no more attacks until this month. I called the police and filed assault charges. My wife has serious mental problems, ranging from suicide attempts, abusing prescribed medications, including my own medication. She attacked me again recently and I called the police and filed assualt charges. I am divorcing her of course. But I want my baby girl, because I believe she is unstable and dangerous. Her family is racist, and they dont like me so there is another reason for my decision. I am told that I will have a hard time, but I want my daughter and will do whatever it takes. I need some serious help.

Charles T. Ladd