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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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My friend was already divorced and had custody of her five

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My friend was already divorced and had custody of her five years-old daughter. They both live in Charleston, SC. Six months ago they both went to Vietnam, but only the mother came back. Her daughter had stayed with her family in Vietnam since. The mother would like the daughter to stay in Vietnam with grandma and grandpa for another six months or longer and plan to bring the daughter back to the States within two years if there isn't any legal issue; and the mother goes to Vietname to visit her daughter every six months for three to four weeks. The question is that, could her daughter stay in Vietnam with grandma and grandpa for more than one year while her mother lives in the Charleston, South Carlorina, and that the mother does not have any issue with custody?
Submitted: 6 years ago.
Category: Family Law
Expert:  Maverick replied 6 years ago.

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What does the father say about this?



Are there any geographic restrictions on where the child can live?



Customer: replied 6 years ago.
The father said that if the child is not back to the US within three months, he's going to see a lawyer. There isn't any geographic restriction on where the child can live.
Expert:  Maverick replied 6 years ago.

If there is no geographic limitation there would be no problem except that it may interfere with the father's visitation rights in the divorce decree. If it does, then the father can file a motion to enforce those rights through a court order backed by contempt. So, if you don't want to risk having a geographic restriction imposed later or the father going to court, you may want to work something out with the father and get it in writing if possible.



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