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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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can my ex-wife move out of state with her new husband who is

Resolved Question:

can my ex-wife move out of state with her new husband who is in the Navy, when we both have joint custody over our three children?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
No, she cannot. She must first get either consent from you, or get formal permission from the court which she will have to file if you deny her the consent.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
i know she has to file for consent with the court but is there any regulations or laws that prohibit a service member from moving with children whom he has no custody over and the mother only has joint custody?
Expert:  Dimitry K., Esq. replied 7 years ago.
I am not aware of any. However I will transfer your question to our Military Law section for a second opinion.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
thank you
Expert:  P. Simmons replied 7 years ago.
Mr Kaplun had this one correct. The military will defer to state law. The state court has the final say. As he has stated, " She must first get either consent from you, or get formal permission from the court which she will have to file if you deny her the consent."




Please accept his answer, as it is the correct one

Customer: replied 7 years ago.
thank you all very much i will start getting prepared for her trying to take me to court then.I live in the state of oklahoma, I am a 100% disabled medically retired Army sergeant and have joint custody what are some things I should be doing to ensure my kids remain with me or at least in oklahoma?
Expert:  P. Simmons replied 7 years ago.
I have sent this back to Mr Kaplun who can assist...it may take a few mins to transfer over.
Expert:  Dimitry K., Esq. replied 7 years ago.
Hello,





I see that you have additional follow-ups. How can I assist you?





Sincerely,





Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
I live in the state of oklahoma, I am a 100% disabled medically retired Army sergeant and have joint custody what are some things I should be doing to ensure my kids remain with me or at least in oklahoma?
Expert:  Dimitry K., Esq. replied 7 years ago.
Typically courts look at 4 things as they pertain to custody:

First and most important is fitness of parents. Courts typically do not award custody to parents who have a criminal record, domestic violence, mental illness, neglect, drug use, alcohol abuse, or other factors that the court may deem as "unfit" and would be against the best wishes of the child.

Second is the character of the proposed home. That is, whether the property has enough space for proper child-rearing and if it is a safe neighborhood.

Third is the desire of the child, but that only comes into play when the child is older and is most likely in his teens. Even still the courts can award custody to the parent if they deem it for the better interest.

Finally, the courts tend to favor those that stay within the state, but they first look at fitness of the parents.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience: I provide family and divorce law advice to my clients in my firm.
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