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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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Ive just married a military man and Im trying to relocate to

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Ive just married a military man and Im trying to relocate to where he is stationed. My sons father and I have joint custody, I know that in order to leave the state with our son his father would have to sign a consent form.I informed him of my plans before going to file for relocation. But before I had the chance to file he went to court and filed against me. He is not going to give his consent, he said I can move but our son is not going with me! His fathers is a good dad but he is not in any way suitable to raise our son. Would they take my son from me and place him in his fathers care?
Submitted: 7 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 7 years ago.

Hi,

 

It is not mandatory that the court give your ex custody. The court can rule that your son stay with you and be relocated, even over your ex's objections. But there is a chance that they will say that you cannot take him away from his father. It has been my experience, however, that the court is usually much more lenient with military relocations. Just make sure you have a well thought-out game plan to tell the court about how you plan to help facilitate the visits between your son and his father.

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