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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Divorce while active duty military
Expert: James Robinson - 11/3/2009
Question
I have a friend who is stationed at Fort Bragg, North Carolina. He is currently serving in Iraq until august 2010. He is married and has 2 children. After he returned from Iraq the last time his wife took his two kids and moved to California. She has stated that she is filing for divorce but will not do so. He has agreed per her requests that he will sign over his paternal rights. He has been sending his monthly spousal support to her as mandated by the Army. He would just like to get this over with and put it behind him. Can he file while in Iraq? I also have his power of attorney... could I help him in any way from here in the states to get this done?
Answer
Dear Aspen
It would appear that his wife is going to ride this horse as long as she can. Only she can file the petition to terminate rights. You can't terminate your own parental rights, in other words. My question is if she hasn't filed any legal action, your friend might be able to say they have worked things out and quit sending her payments. That will get her attention.
Good luck
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