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I am currently stationed overseas with my husband. He is…

I am currently stationed...

I am currently stationed overseas with my husband. He is active duty. I am the military spouse. I am supposed to have my son for visitation three times a year. My son is living with his father who has primary custody. We have joint custody. My son's father refuses to get a passport for my son that he may visit me. Thus far, I have not seen my son in a year. Is this cause to file a visitation contempt, enforcement, or petition the court to have him get my son a passport. My son is now 16 years of age.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The original court order is in Texas. Neither of us have lived there for at least 10 months.

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

Not for this particular question.

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

Sure, I would like to know if it would be best for me to transfer this case to the state where he currently lives. The current judge who presides over this case is a pro-dad lawyer and granted the father custody when he petitioned for it without any evidence of the father's claims. I had been sole custodian for the 14 years prior. I do not believe the current judge rules fairly.

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Answered in 1 minute by:
9/25/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

I am sorry to hear this;

under the UCCJEA the court that issued the child custody order has continuing and exclusive jurisdiction until all parties move out of that state; then the state where the child currently lives can assume jurisdiction.

Yes, it is a contempt issue if a person is commiting a knowing and willful violation of a court order; so if the person has knowledge of the court order, and purposefully refuses to comply with it, the person can be charged with contempt. This can result in a daily fine until compliance, an award of attorney fees and costs, even jail time if the court determines that is likely to encourage/force compliance.

It can also result in a change of custody if the court determines that is in the best interests- for example if the parent is purposefully engaging in parental alienation and trying to negatively affect the parent child relationship.

I am sorry you are having to deal with that because it can be so hurtful to both the child and the parent; and most judges are sympathetic to such situations because they are aware of the damage it does.

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LegalGems
LegalGems, Lawyer
Category: Family Law
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