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With Pro Bono Attorney Help, Sailor Fights Temporary Guardianship to Regain Custody

November 3, 2015

A servicemember allowed her parents to care for her child for one year while she was on active duty with the Navy.  During this time, the sailor supported her son financially while he was in her parents’ care and all parties agreed the guardianship was temporary until the sailor was discharged from the Navy and could care for her son full time. However, when the sailor was about to leave the Navy and attempted to retrieve her son, the grandparents filed for and were granted emergency temporary guardianship over their grandson. The sailor sought legal assistance to regain custody of her son but, because she could not afford an attorney, the ABA Military Pro Bono Project referred the servicemember to a pro bono attorney. With the help of that attorney, the guardianship matter was voluntarily dismissed by the grandparents and the sailor was allowed to return home with her son. The sailor and her parents also entered into an agreement including annual visitation by both parties to each other’s residences.

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