Child Custody who has it?

Question

I am moving to Guam my husband got military orders there. I have a little girl from a previous relationship that never resulted in marriage. She has lived with me since day one and continues to do so. There is no custody order in place, i assume That I have full custody and that her father would have to go and astablish custody. He does not spend much time with her and he can see her when ever he wants, he only does so when it is convient for him, or if his family wants to see her. I do not feel that she would be taken care of if i sent her to him in the summer. Do I have to? He has signed for her passport and he know that we are leaving is there anything that i have to do so that he can not get me for kidnapping? He wants to clam her every other year on taxes but what he pays in child support is not half of what we pay to support her will he ba able to claim her?

Answer 1

Ah good ol' Guam....Andersen AFB? Hope you enjoy it!

First I want to address the issue of your "ex" claiming your child every other year........WHY?

If you have custody of your child...he cannot claim the child on his taxes...nor can he claim child support on his taxes. He can only claim alimoney if he pays!

Next, you've stated "your husband" and you are going to Guam. Because you've married...the law assumes you, your husband, AND your child are the family and as such...there is no requirement to "ask permission" for your daughter to go. He does have some rights as her biological father which could be reduced should your husband "adopt" your child.

You may also wish to consider your childs health care as a military dependant...otherwise health expense can be high in Guam.

Because "he" signed for her passport, I'd say you've got an iron clad piece of evidence to avoid any litigation should he even remotely consider filing a kidnap charge!

Enjoy your trip and remember "Tinian Gold" is REAL milk...the other "stuff" sours quickly. Also, I certainly hope they've improved the means of obtaining fresh produce! Keep a list of family who can forward "care packages"!!

Scuba diving is the best.

Have fun!

Answer 2

See a lawyer.

I assume that as a military wife you might be able to get at least some advice from military counsel.

Laws vary by state. Generally speaking, he has rights to visitation and moving to Guam will place an undue hardship on him and on her rights to see him. However, with military orders, it's not like you're doing it on purpose (at least, I hope not). It really doesn't matter if you feel he can't/won't care of her - that's up to the court to decide.

Claiming her as a deduction is another matter having nothing to do with a move to Guam. There are court guidelines and IRS regulations in place. This can be settled in court or via paperwork filed with the IRS each year. The rules change once in a while, so again, you need to see a lawyer.

Even if you think you have some sort of an agreement with him, you want to get this on paper and signed off on by a judge. That's about as fair as it can get and all parties will be as equally protected as is possible under state and federal laws.

See a lawyer.

Answer 3

you are absolutely right, you need to go to court to establish custody and get permission to leave or you could be charged with kidnapping. todays laws are that way to ensure that parents dont go running with thier kids, unless there is a valid reason.

your case is cut and dry (to me).

1) the child has always been with you
2) the reason is valid for moving; military orders (bring them with you to court for proof). some states today require a valid reason as to why you are relocating, and yours is completely lawful. just make sure you can also prove your child will be recieving schooling, medical offices there, etc in your new location.

If you need help with this issue, contact your local Legal Aid Office in your area. they are in every state and most counties. they go on a sliding scale, so its free to most people. look in the phone book, call your county court clerks office or your states Bar Assoc for the number.

GET ON IT IMMEDIATLY, for they may have appointment backlog. heres a list of sites, just click on your state and find what you need.

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm



http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html

http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcecentral.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/articles/news.html
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://family.findlaw.com/child-support/support-basics/
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/

http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html



TAXES
every other year on his taxes is the civil way to do the tax issue, but if he pays little to none, he has no right to claim her at all. he's just look'n for a break (a windfall from the government) at her expense.

you claim her, unless he provides more then 50% of her expenses (and because she resides with you full time). here are the IRS links to help.

http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp