My son is about to be deployed to Iraq and his wife wants a divorce and to move out-of-state with their children, can she do this?

No.  Each of the parties have rights & both are entitled to due process.  Each are entitled to notice of any legal proceeding that are ultimately filed & the opportunity to be heard.

If your son is a servicemember and has been deployed to Iraq, there are certain safeguards afforded to servicemembers until they are available to handle their personal business (i.e. such as the dissolution of a marriage, etc.) state side.

His wife of 6 months also has the right to want to relocate if the marriage dissolves.  However, they will both remain parent for the rest of their lives and they will continue to have the duty to provide for the health, education and well-being on their child(ren).

P.S. he does not lose his rights because he's serving his country!

Since he has an appointment with an attorney, he should raise all of these concerns with whomever he retains.

Feel free to have him contact this office to schedule an office appointment to discuss his legal matters.

www.michaeldbrown.freeservers.com

He doesn't lose his rights while serving, although enforcing them from halfway around the world can be difficult.  I hope he's found a good attorney, because this will make a huge difference for him.  As long as the case about child custody and visitation (including a full divorce action, possibly) is filed before the children have been moved out of state for six months, it has to go forward in the state where they are now.

Your son is going to have to pay child support.  That's a given, and the amount will be mostly a matter of plugging his income into the guidelines;  her income won't matter much, and there's a good chance that he'll end up paying slightly less than he would if she were in a decent job.  But a short marriage like this is not going to get her anything more than limited, short-term alimony at best.