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My wife and step children are in ohio and I'm stationed in…

Customer Question
My wife and step...

My wife and step children are in ohio and I'm stationed in north Carolina and the oldest sons dad has shared parenting. how can I get them here with me?

Lawyer's Assistant: Have you talked to a lawyer yet?

My wife has but he said it will be hard todo and with the father not having anything against him it may not happen

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cost?

Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
9/18/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 11,278
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. The tough part here is that your rights to the children are going to be very limited. Your wife is going to have to take some actions. One of the things that she needs to do is get a modification of the child parent relationship. What this means is that she needs to go to court and get permission to move with you to North Carolina. This means that she would need to notify her children's dad and come to an agreement, approved by the court, that allows them to move. This means that she may have to work with her baby's father to figure out when he will go back. It could be during the holidays or summer, depending on what dad agrees to.

Another thing you may want to do is adopt your step son as well. The adoption will require the consent of both your wife and the children's father as well, but if that happens, then you will have the same rights as the both of them which could include you in the decision making if you would like.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually. Finally, I have to step away from my cpu momentarily, but I will back to answer any follow up questions you have.

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Customer reply replied 8 months ago
The father will fight the whole moving situation because my wife has tried to move before and he was completely against it
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

I certainly understand. If that is the case, then you will have to do your best to try to persuade a judge that the health, welfare, and education of the children would be best served by them moving to NC. This is called thinking in "the best interests of the children," and the court is bound to consider it when your wife makes the request. The father will have to argue why moving with you would not be in their best interests and he may make the same argument, but typically it is not enough to say, "Because I'm their dad." If you go in with that understanding of how the court will look at it, then you could help yourself considerably. Did you have any other questions for me? If not, were you satisfied with you service today?

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Legal Eagle
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Category: Family Law
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