from a previous marriage. Her father comes and goes out of her life alot. My hubby is in the USAF and said that we might be getting stationed out soon. I know that I can go thru JAG about this, but how would visitation be set up? She's only 4 1/2 yrs old. We've never lived anywhere else.
2007-11-13 08:58:53 · 13 answers · asked by Kimberly G 2 in Politics & Government ➔ Military
It says : "The Plaintiff is granted care, custody and control of the minor child of the parties. The Defendent is granted only visitation with the minor child to be excercised at the home of his mother due to no permanent address." It says NOTHING about not taking child out of country.
2007-11-13 10:50:02 · update #1
JAG cannot help. you would need to renegotiate the custody/visitation. be prepared to have to foot the bill some to make sure that the father can see his child.
make sure the custody agreement says you CAN leave the state with the child, otherwise, you aren't going anywhere until the courts have their say.
2007-11-13 10:32:29 · answer #1 · answered by Mrsjvb 7 · 2⤊ 0⤋
when i was moving with my 2 kids i had to go back through the civilian court that my case had originally been heard in ....the only thing JAG did was help me fill out the papers I needed to file. The court let me move even though my ex fought me on it........however, I was responsible for transportation for his visitation since I was the one who chose to move was what the court ordered...then when my husband and I went to Japan he filed again to stop me (the state we divorced in requires you give 90 days notice to other parent before you move, anytime you are moving more than 30 mins from your current address) the court ruled that since visitation from a foreign country with 2 small children wouldnt be feasible that i either had to stay in the US.....or he would get custody until I returned. The judge basically told me that it was my choice to remarry and it wasnt fair to punish him for that decision. I left them with him and went with my husband and our younger daughter.....but came home every 6 months to spend 2-3 weeks with them for the 3 years we were gone. As soon as I returned to the US and got a house I sent a certified letter to the court and was given custody again. Im not saying any of this will happen to you but there is always the possibility....and it is not JAG that makes the decisions on it (they may not even get involved) it is the court that the case originally went through.
2007-11-14 00:31:42 · answer #2 · answered by CRmac 5 · 1⤊ 0⤋
If the biofather has court ordered visitation you merely need to notify the courts (juvenile court) as to where you are moving and why. a certified letter should do.
if there is no court ordered visitation jsut notify the biofather certified letter that you are moving and why (ie to be with your husband) . there shouldn't be an issue but i would go to jag and clear it through them first. jsut try to keep at least a phone # open for the biofather to be able to reach you and also give an address as soon as your settled. all legal like. get that notorized and then return receipt requested. CYA !! ALWAYS CYA!! (COVER YOUR ***!)
good luck!!
2007-11-13 09:05:33 · answer #3 · answered by skittle_goddess_2525 4 · 0⤊ 0⤋
Do you have a custody agreement with your child's father? If you do, a lot of them stipulate how far away you can move with your child. If not, you need to contact JAG to establish a custody order to protect yourself later on down the road.
2007-11-13 09:14:33 · answer #4 · answered by Denise S 5 · 2⤊ 0⤋
Just to add my two cents in, unless you have sometning in your custody agreement, if the child is under the age of 14, both parents need to sign for the child to receive a passport, which I believe includes the one that the Military provides you with when you are going overseas.
Best of luck!
2007-11-13 13:05:57 · answer #5 · answered by Anonymous · 2⤊ 0⤋
JAG does not handle these situations. What does your divorce decree say?
You need to make sure you can move with the child, if not her father could go to the courts and get full custody. All of this is in your decree.
When my husband divorced his ex he made sure the normal part about having to get the ex's permission to move the child out of the county/ state/ country was taken out. If this is in your decree you'll have to take him back to court. If you are allowed to take her without his permission, the custody as outlined in the decree is what you'll have to stick to unless you go back to court.
2007-11-13 10:05:02 · answer #6 · answered by Just me 5 · 1⤊ 1⤋
as far as I know if joint custody is what you have then both of the parents have to sign to agree to let the child go with you and your husband. But you better contact legal to be sure..
2007-11-13 22:28:24 · answer #7 · answered by ldygdva757 2 · 1⤊ 0⤋
i personaly respect all the soldiers who serve the country and therefore i think the least you could do is that let her father see her. i know u are concerned but these kind of problems sort them selfs out.
2007-11-13 09:06:04 · answer #8 · answered by alex c 4 · 0⤊ 0⤋
You've answered your own question, go to the JAG office and see what options are available to you.
Good luck!
2007-11-13 09:02:07 · answer #9 · answered by justceleste 3 · 1⤊ 1⤋
It would be the responsibility of the Father to come see the kids, as your new husband is lawfuly moving and has no other choice.
2007-11-13 09:02:33 · answer #10 · answered by Anonymous · 0⤊ 4⤋