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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a veteran of the military and married to a soldier, but

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I am a veteran of the military and married to a soldier, but had a son with a non- military man before I met my husband. I didn't know I had to file paperwork to take my son out of the state and now he is "saying" he has a lawyer and is taking me to court becuase of it, even tho me and him had disccused and agreed when he would get to see him. Now I am out of the state where we had the child support established. Is there any thing the military can do to help me and if not how do I get a lawyer for that state when im almost 600 miles away?

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am very sorry for your situation. Are there court orders that establish custody for the child with you as the primary custodian? Do you know (do you have a copy) if said order disallow you from leaving the state, or not?

Customer: replied 5 years ago.

We did have a court date back in Sept. 2009 and that just stated that I had primary custody. I currently do not have the paper work in front of me but I am almost positive there was no restrictions put on it.

A geographical restriction is a doctrine sometimes embedded into the decree, or can be asked for before or after a custody order is in place by either party against the other party. It states that either party cannot leave the county/state/country with the kids unless the other parent allows it.It is usually put in if either party has a history of trying to kidnap the child, or doing so, or threatening to.Assuming it is not in the orders, a party, once he learns that you want to move, he CAN file a Motion for Temporary Restraining Order and ask for a geographical restriction. That doesn’t mean that he would be successful, but you should be prepared for that possibility. He’d need to prove that the move is “not in the best interest of the child,” and/or is being done to simply make visitation harder.If you actually have a good reason such as family/work/etc. and a plan for the future, the Judge usually lets you go. Be prepared, if the ex is serious though, for a filing and a quick hearing on the matter.

The military likely will not provide a JAG attorney for this, although it won't hurt to ask. Finally, if you're not in the state where this is being filed, you'd still have to hire an attorney for the hearing, and possibly appear yourself as well, and if you cannot, then try to have your attorney arrange a TELEPHONIC appearance which is entirely possible with enough time. I can help you find a reasonably-priced attorney if you'd like.

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