Why not try joint physical custody instead? They can spend part of the time with you, and part with her. The reason I suggest this is due to your own words–we’re both great parents. It does beg the question, where will she be living?

The answer to your question requires far more information than you have provided. You have a difficult situation due to the physical distance between you and your spouse and it will be difficult to compromise in a way that provides you both with substantial access to the children. I suggest you sit down with a lawyer with a good amount of child custody experience and carefully examine your options.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
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.

I’m a sevice member serving here in Afghanistan. I have been deployed for 8 months. My wife decided she wanted to be unfaithful with another service member. She has decided to leave Italy where we are stationed to go back to her parents house in North Carolina. I went back to Italy on Emergency Leave. We did a formal seperation aggreement in which i had to give her primary custody of our 2 children because the Army wouldn’t pay for her to ship all of her and the kids stuff back to the states. She is leaving Italy with no job, hasn’t worked in 9 years. She will need to find a house, a car, ETC… I’m coming home to Italy in Feb. and leaving to take a 9 to five job in Norfolk, VA which will give me 3 years stabalization with no deployments. I think it will take her at least a year to get on her feet. I missed a year of my childrens lives being here in Afghainistan. My kids are 6 and 3. We both have a very tight bond with our children and are both great parents. She will not try anything to save our marrage. Do you think I would have any chance in court to get primary custody of my kids. I want to take my 6 year old to school and be an intrical part of there lives for at least the next year or so while i don’t have to deploy…

Matthew P. Cohen