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child custody/moving out of state (military)?

does anyone know how this works or have any info? i have a 5 year old with my ex husband, who lives about 3 hours away from us. my divorce decree states i can live with my son anywhere in the state of texas that i choose. now, what is going to happen when my husband is sent to another post? i would love to hear from other mom's who have experience with this. this isnt a political/current events question but no other areas fit either. thanks!

Answer Question

Asked by Anonymous at 9:08 PM on Oct. 9, 2008 in Politics & Current Events

Answers (8)
  • I would contact your lawyer who handled your divorce. You will probably have to get your divorce decree amended by a judge.

    Answer by Anonymous at 9:09 PM on Oct. 9, 2008

  • I agree with Anon. You should probably call your lawyer, I don't think it would stop you though. Go ahead and have it fixed to where you can move out of country too.

    Answer by matthewscandi at 9:19 PM on Oct. 9, 2008

  • In my custody agreement there was a clause that I just had to give 30 days notice to the courts and my ex. You do need to talk to an attorney and get your agreement changed since your husband is in the military. Hopefully you are on good terms and it will go smoothly. My ex was military and my husband is military so that is what I had to do. Your visitation will have to change if you move far away so it is good to cover all your bases. GOOD LUCK!

    Answer by Soniam301 at 9:20 PM on Oct. 9, 2008

  • thanks but, we dont have money for an attorney so im really not sure what is going to happen. thanks again.

    Answer by Anonymous at 9:56 PM on Oct. 9, 2008

  • anon 9:56 try to get advice from legal aid. in some counties, family court lets you consult them free of charge. go on line and search for other programs you can use. I don't know if your husband would be able to find out through the military. (if they can provide him with legal advice?) but you have to get legal advice. When my brother and his first wife divorce she could move any where in the state, but not out of state unless he agreed.

    Answer by ny.chica at 10:02 PM on Oct. 9, 2008

  • You can go to JAG on post, but unless the military attorney you see is licensed in the state you are in the only thing they can do is advise you.

    Answer by Soniam301 at 10:09 PM on Oct. 9, 2008

  • Ask him if he agrees to an amendment. If so, put it in writing and send it to the judge--it MUST be in writing and signed. If he doesn't agree, you'll have to litigate, relinquish custody to your ex, or stay in TX after your new husband PCS's. If you move without authorization you will be in violation of a court order and your ex could make your life very unpleasant!

    Answer by MojitoMama at 11:23 PM on Oct. 9, 2008

  • If you want to take your child with you, you have to petition the court for permission. Otherwise your in violation of a court order and your custody would be in jeopardy! Seriously, go to court.

    Answer by shmorris56 at 1:33 AM on Oct. 10, 2008

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