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!
2006-09-08 04:18:07 · 6 answers · asked by Dylansmom 2 in Family & Relationships ➔ Marriage & Divorce
This is a common problem with individuals in the military. The fact that the child will still be in US jurisdiction while in Japan most judges will allow the children to go with you. Also visitation is changed all the time because circumstances change between the parents and or child. Like when both parents live in the same town visitation might be every other weekend but when one parent moves out of state it changes because its not practical to drive each weekend. I would contact legal services at the base.
2006-09-08 04:31:32 · answer #1 · answered by middle aged and love it 3 · 1⤊ 0⤋
if her appeal for custody was denied and she lost the first time around, the court is not going to want to hear another argument in regards to the living arrangements of these children for another two years. However, military orders cannot be ignored and the court is going to have to make an exception. Prior to you and your husband leaving for Japan, you'll need to file a motion for modification of periods of secondary placement (visitation). You'll probably have to allow the children to be with her all of the summer, spring break and winter break as well as have unlimited contact with their mother via phone. Now, that's if he is allowed to take the children. I know if he was going to another state, it would not be a problem...another country is a completely different story honey. These are american children and in order for them to be allowed to go, their mother would have to be deemed as unfit, abusive, or neglectful. In your case, this would all come down to what is written in the reports from the guardian adlitem and social worker. If it states that there is nothing wrong with the mother, and that the father would be the better care-taker, the mother is going to have a legitimate claim to these children. If it says nothing but bad things about her and her lifestyle, then you guys have more of a chance of winning this.
I wish I had better advice for you. But child custody cases are complicated to begin with. Throw in the fact that this is going to involve the children in another country and it's a whole new ball game. There isn't enough case history for me to look through. Everything I've found has either both parents relocating or the children remaining with the parent that stays in the US. You may even want to consult with the guardian adlitem who handled the case and see if he/she has any advice for you.
I wish you well, and I sincerely hope things work out.
2006-09-08 04:36:39 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
If the toddlers have lived in FL for greater desirable than 6 months GA has no say so in any respect each and every thing must be executed by FL. yet because of the fact he's the only custodian and he has orders the toddlers elect ya'll. you are able to desire to speak to a lawyer and initiate the procedings in FL if the toddlers have lived there for 6 months.
2016-09-30 11:32:02 · answer #3 · answered by elidia 4 · 0⤊ 0⤋
Since your husband is in the military , you and him should both seek council from the military legal center they should be able to head you in the right direction. Good Luck
2006-09-08 04:21:38 · answer #4 · answered by cslynn1980 3 · 0⤊ 0⤋
See a Military Lawyer they can advise you, I'am sure they have to deal with this probelm quite often, good luck
2006-09-08 04:24:43 · answer #5 · answered by captianpr 4 · 0⤊ 0⤋
Oh Daddy how come you never hugged me? You hugged the mailman!
2006-09-08 04:22:27 · answer #6 · answered by Anonymous · 0⤊ 1⤋