military move out of state custody???

Question

i have a friend who is filing for divorce and has 4 kids. if she has joint custody with the military father having physical custody and the divorce decree says he cant leave with the kids from the state of fl can the military orders to go to another state or country override the divorce decree? she wants the divorce but wants to remain in the same town as them? she is very scared he will try some humanitarian thing ang get the ok to leave the state with them. i say as long as its in the decree he cant, he cant unless the judge changes it and gives permission. any suggestions?

Answer 1

Obviously if the military ships him off to someplace like Southeast Asia for active duty he will be in no position to care for kids. It also makes no sense that he will be able to have them every 2nd week if he is halfway around the world. We need to exercise some logic here. I can't imagine any judge saying the kids have to be put on a 15-hour plane trip alone 4 times a month that would be bizarre beyond comprehension.

Answer 2

Actually, there is family housing in southeast Asia, DOD schools, and all kinds of things for children to do. So, there is no reason he would not be able to take them.

Most likely, he will not allow the divorce decree to state that the children cannot leave the state. Why would anyone in the military agree to that? It would make no sense. If he were to have primary custody of the children, they would move with him. Obviouly she is voluntarily "allowing" the children to reside with the father, as the majority of the time the mother is awarded primary custody. Or, she has some things on her record/ past that will not allow for it. Or, she doesn't want the burden for caring for them at this time, but would like the father to somehow cater to her need to be near the kids.

Anyways, I doubt he will agree to have the decree state that the children cannot be moved out of FL. Any reasonable judge will understand, and likely allow this to be the case.


Nice to hear there is a man who is going t obe the primary custodian of the children. It is rare. I sure would like to know what his trick is.

Answer 3

If he gets custody of the kids, then yes the Federal Govt and his obligation override allbut will still have to get the judge to ok the move, but a military move is a real justified reason. Now the judge could rule in favor of mom and re-award custody to her if his career and moving arent in the best interest of the kids and is he wants a more stable family life for the kids. This would also depend on why mom didnt get the kids in the first place,like if the courts ruled her as an unfit mother for whatever reason. Really hard to say what way this will go in court as there many variables in this case and is hard to predict any judge. Personally after dealing with many courts and judges over many years and all over the country, I would predict at this point mom will prevail in this one. Good luck

Answer 4

I'm afraid that if the military moves him to another state, he can take the kids with him but with the joint custody stipulations. The custody order would probably have to be rewritten to give with one parent full custody, or joint custody for longer period of time( half the year with mom and half the year with dad or school year with mom and summers with dad) However, if he volunteers( or even involuntary) to go outside of the continental US then he HAS to give up custody of the children. You can't be deployed and be a single parent.

Answer 5

militia provider can not be held against you in concept, however the reality is that your ex may well be waiting to offer greater stability for the period of here few years than you would be waiting to. you will be able to desire to truly seek your heart and soul and do what's terrific to your new child, no longer purely what's top for you. you made the determination to up and connect the militia, no longer the youngster. My advice could be attaining a legal compromise with the father that would supply him momentary custody in case you're in provider yet does no longer lessen your legal status because of the fact the everlasting custodial determine. although, lots will count on the age of the youngster, because of the fact if the youngster reaches the age of self-determination in case you're in provider then the youngster might ok elect to stay with the father. Please seek for advice from a qualified community legal expert who has dealt with militia custody subject concerns formerly.