Military Relocating Us to Japan and Child Custody?

Question

I have asked this question before, but now there are different circumstances attached. My husband and I gained custody of his 3 children over a year ago. Due to the mother being involved with an individual who was arrested before for child abuse and domestic violence among other things. After custody was switched she filed an appeal due to this man not being a material change of circumstance to have changed custody. The application for appeal was denied. She is still in the relationship but trying to keep it quiet. Now, my husband recently got orders to Japan, which she can take us back to court again for change of custody. This is taking place in GA and we live in FL, so the children are not even in her state, and visitation is 2 times a month, some which she never takes. Unfortunately, in Ga the custodial parent does not retain the right to automatically retain custody, even though my husband is the sole custodian, she only has visitation. Advice PLS!

Answer 1

As the primary care giver and and guardian your husbands assignment means the kids go with ya'll. They are now his dependants. I'd suggest visiting the legal office on base first. Typically when this happens and an overseas assignments changes the location of where the children are staying visitiation may be changed but coming to Japan to visit or the kids going to Ga to visit may be the mother's financial responsibility to pay for. Personally if she's not one to takes the visitation that often, prep for the move overseas and let her do what she needs to do, don't let the "threat" of taking you back to court change anything. I think if you did go to court they would side with ya'll.

Answer 2

If the kids have lived in FL for more than 6 months GA has no say so at all everything has to be done through FL. But because he is the sole custodian and he has orders the kids go with ya'll. You need to talk to a lawyer and start the procedings in FL if the kids have lived there for 6 months.

Answer 3

I believe you need to visit the JAG on your base. You may be in a position where since he is custodian, his assignment to Japan gives him rights to take the children no matter what state law in GA says. It may also guarantee a return to GA or FL upon completion of assignment. Visitation rights may be suspended during the Japan tour.

Answer 4

get thee a good lawyer. however, I really don't think you have a lot to worry about.. you say she is still in the relationship, and she doesn't always take her alloted visitation. This will show the courts that she does NOT have her kids best interest at heart.

Answer 5

dylansmom,
thank you for the advice and yes it is expensive. i have had to go to the state to have them provide me with a lawyer, and so far noone has gotten back to me. yes there is only 30 days, and if i dont get the appeal in its 2 years before i can go back to court. my daughter is so sad. she hated being there and she hates having to live with her dad and go to school there. im not quite sure how i even lost custody to him. he has not worked in 2 years and the drunk drivings, the domestic abuse. all i ever had was a speeding ticket.
I feel so lost in my own skin, but yet i know i have to stay strong for her sake. please if you have anymore advice for me it would be greatly appreciated.

Answer 6

if her charm for custody became denied and she or he lost the 1st time around, the court can no longer prefer to hearken to yet another argument appropriate to the residing arrangements of those toddlers for yet another 2 years. besides the indisputable fact that, protection stress orders won't be able to be disregarded and the court is going to could make an exception. beforehand of you and your husband leaving for Japan, you will could desire to report a action for substitute of classes of secondary placement (visitation). you will in all probability could permit the toddlers to be along with her all the summer season, spring injury and iciness injury as properly as have limitless touch with their mom by telephone. Now, it incredibly is that if he's allowed to take the toddlers. i comprehend if he became going to a distinctive state, it does no longer be a undertaking...yet another united states of america is a thoroughly distinctive tale honey. those are american toddlers and to verify that them to be allowed to circulate, their mom might could be deemed as no longer worth, abusive, or neglectful. on your case, this might all come right down to what's written contained in the comments from the father or mother adlitem and social worker. If it states that there is not any longer something incorrect with the mummy, and that the father could be the greater appropriate care-taker, the mummy is going to have a valid declare to those toddlers. If it says no longer something yet undesirable issues approximately her and her way of existence, then you definitely men have greater of a guess of triumphing this. I want I had greater appropriate suggestion for you. yet new child custody cases are complicated first of all. Throw contained in the actuality that this is going to contain the toddlers in yet another united states of america and that's an entire new ball interest. there is not any longer sufficient case background for me to leaf by. each and every thing i've got stumbled on has the two the two mothers and dads moving or the toddlers final with the determine that keeps to be contained in the U. S.. you additionally can prefer to seek for suggestion from with the father or mother adlitem who dealt with the case and notice if he/she has any suggestion for you. I want you properly, and that i essentially desire issues paintings out.

Answer 7

You need a good lawyer. I hope you you have been keeping track of what she had been doing in writing, including missing visitation. That would definitely be helpful.

Answer 8

Have you husband speak to a JAG.

Answer 9

I just wanted to say good luck and I'm sorry but I can't help you...