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I am getting a divorce and want to study outside the USA. But I want to take my children with me. Has anyone went thru this? What are the possibilities that i will be able to do this? Do i need my ex's agreement? What if he says No? Are there any legal way i can do this anyway? I want him to see them. But i need to study in another country for a time.

2007-01-30 01:42:36 · 2 answers · asked by Moniqe M 1 in Family & Relationships Marriage & Divorce

2 answers

It depends on
1. What you child support papers say.
2. If you need a passport to whatever country you are going to
If your Child support papers say that you cannot take them out of the country without a hearing then you have to go to court...
also if you would need passports for your kids then both legal parents has to sign stating that it is OK for them to have a passport. There also may be additional state laws for whichever state you are in, but in most cases it depends what the child support/custody papers say..... also are you the primary caregiver for your children, if you are then you may have an easier time taking them out of the country, typically the non- custodial parent has a harder time taking them out of country....

2007-01-30 02:08:08 · answer #1 · answered by christy_2125 2 · 1 0

You will have to go to court on this, as the visitation orders will have to be modified, as obviously the father's visitation will be effected. The Father can protest this, and ask that the children be placed with him during the time you are abroad. Many judges will do this as it is only fair. You are choosing to study abroad, and that should not be allowed to interfere with his time with his children.

If by some chance you are allowed to do this, the judge will likely put into place a very strict visitation schedule. Also, the cost of travel for the children to see their father will likely be put on your shoulders as the one choosing to leave the country. In normal cases, parents "meet in the middle" on expenses. This situation is unique, and most of the time, the travelling parent will have the burder to get the children to the other parent.

2007-01-30 11:45:14 · answer #2 · answered by ? 5 · 0 0

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