• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Overseas Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JBMD

Member
What is the name of your state (only U.S. law)? OK

Possible situtation: Ex goes active military and get stationed in Germany for two years.

Facts: Ex has primary physical custody, however visitation is as follows - w/ NCP Friday after school through the following Thursday after school every other week. W/NCP on CP time after school till 7pm, when EX gets off work. NCP very involved in school and with extracurricular activities.

Not sure if it makes a difference, but kiddo has sister in Ex's household.

Question: Thoughts on whether a judge would say that kiddo can go to Germany with EX or stay in US with NCP???
 
Last edited:


LdiJ

Senior Member
What is the name of your state (only U.S. law)? OK

Possible situtation: Ex goes active military and get stationed in Germany for two years.

Facts: Ex has primary physical custody, however visitation is as follows - w/ NCP Friday after school through the following Thursday after school every other week. W/NCP on CP time after school till 7pm, when EX gets off work. NCP very involved in school and with extracurricular activities.

Not sure if it makes a difference, but kiddo has sister in Ex's household.

Question: Thoughts on whether a judge would say that kiddo can go to Germany with EX or stay in US with NCP???

I don't know. Normally military moves are approved more often than any other. However, the schedule is nearly a 50/50 schedule therefore that will factor in heavily.

I suspect that the NCP needs to file for primary custody based on the fact that the CP is moving overseas, and see what happens.
 

JBMD

Member
I don't know. Normally military moves are approved more often than any other. However, the schedule is nearly a 50/50 schedule therefore that will factor in heavily.

I suspect that the NCP needs to file for primary custody based on the fact that the CP is moving overseas, and see what happens.

Thanks for the response! It is greatly appreciated. This situation seems tough to deal with and I was hoping to see if someone had dealt with a similar situation. I am stuck trying to determine what would be in kiddo's best interest. While I do beleive that the experience of living in another country would be great for him, I don't think that it is necessarily in his best interest to once again be umpteen thousand miles away from his father, ie why i moved across the country shortly after she did. Nor do I want him to be separated from his mother, however I feel that she is the one that is making the choice to put her career in front of his well being and quite frankly I'm tired of being punished for it. I love my son and always put his interest's first. I cannot however say the same for her!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top