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He will be out of the country for 5 years. Visitation with the father is apx once a month he pays c/s. He doesn't want our son to go to another country he is a full blown hillbilly. If my son can't come then our life will be very difficult financially and emotionally. I have a son with my new husband and he won't see him but once a year,if we are here. If we are there my ex will get to see his son once every three months for 2 weeks (that's more than now).

2007-01-03 05:50:15 · 11 answers · asked by egyptorbust 1 in Family & Relationships Marriage & Divorce

He was deported for overstaying a visitor visa. Also I would like you all to read carefully I live no to far from my ex and I am in his city 4x a week with my son, and he doesn't get around to see him but once a month thats an average not to say how many times he hasn't seen him for more that two months. Everytime he calls I give him no problems and let him take his son, that's one of the reasons he's so relaxed. He (my ex) is very controling I don't hate the guy nor do I want to take his son from him I just want to move and for everyone's info the war is not in Egypt, i have been there and I would never endanger my kids any of them. My husband now is very much a good father he misses his son and even though he is in a different country he talks to his son everyday, my son from my ex loves and asks about him more than his own father why? me? no, his father. He just doesn't want me to go because he can make me stay, and if he can make me do anything he will.

2007-01-04 05:34:26 · update #1

11 answers

That will depend on the custody arrangement you have with your son's dad. If somewhere in the papers it says that you can't remove the child from the state (let alone the country) without written consent from his father, then you can't do it. And if you do, your ex can take you to court for contempt of court. You can go to jail with stuff like that. So what l would suggest is that you go over the court papers, and if you have to, go back to court and try to have that stipulation removed. Now if you already have primary custody and primary decision making, it should not be such a big deal.
Good luck to you

2007-01-03 05:54:11 · answer #1 · answered by amarilysusa 6 · 1 0

You need to go back to what the original custody agreement says. If it says that you are not able to take your son out of state/the country you could fight it. But consider this - what about your firstborn child, the son of your ex? Whatever you may think of your ex, to your son he is dad and he needs him every bit as your younger child needs his father. The visitation may be increased timewise but the gaps between visits are long. Right now he has regular contact with his dad.

He needs you too. You don't say why your husband was deported but I would guess he was here illegally. That begs the question why you married him taking on that risk. It is a tough one and something that needs to be handled very carefully. Sometimes we have to put our needs aside for the sake of our children.

2007-01-03 06:04:08 · answer #2 · answered by Anonymous · 1 0

You may want to call your local juvenile and domestic relations court and ask the court officer what is required to be able to move your child out of the country. Some states require that both parents must consent to having the child leave the country.

2007-01-03 05:53:55 · answer #3 · answered by ? 5 · 0 0

Personally, it would depend on why he was deported, and to what country. At the current war affairs beyond our borders, I would take no such risks with my babies. I'd speak with an attny to ensure support from both fathers for both sons. And I'd stay put. But that's just my opinion for whatever it may be worth.
Best Wishes for whatever decision you make.

2007-01-03 06:21:09 · answer #4 · answered by iyamacog 7 · 1 0

Talk to a lawyer and find out what you need to do, if anything, to gain the court's permission to take your child out of the country. It may depend on the reason for your husband's deportation.

2007-01-03 05:55:24 · answer #5 · answered by AnnieD 4 · 1 0

Talk to your divorce attorney or a child advocate attorney.
They will guide you the correct and legal way.
Each divorce decree (child support) and federal/state lawas vary.
Best wishes.

You may have to settle on only childsupport for the time he is actually with you and none for summer "vaction from school" months while he is home all summer with Dad.

To send him home for two weeks every three months is not cost effective. Trust me. Summer for two months and one major holiday [Thanksgiving or Christmas for a week]

Good luck honey!

2007-01-03 05:56:09 · answer #6 · answered by Denise W 6 · 0 0

You should just give up. Your life is really screwed up. I would stay and stick with your new husband. At least he's still here and he's responsible enough to not get deported.

2007-01-03 06:02:23 · answer #7 · answered by Sax M 6 · 1 0

You should go with your husband and tell your ex husband should deal with the fact that his son is going to be in another country and he will see more then he does now. Let him know whow you feel about moving and make sure he understands and tell him you want your son but I know how he will feel but you should be able to bring your son with him.

2007-01-03 05:56:45 · answer #8 · answered by Country Girl 1 · 0 2

first u have to ask your self are u moving to a safe enviroment for your kids i know u have moved on and u love your kids but u have to also remember that right now since your kids cant speak up for themselves try thinking about whats best for them

2007-01-03 06:04:43 · answer #9 · answered by lilsis2576 2 · 0 0

you have to have child fathers permission to leave and adopt. any right minded father will fight you tooth and nail

2007-01-03 05:55:20 · answer #10 · answered by Anonymous · 2 0

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