can i move with my child overseas if i share joint legal custody with the father?
I have a 5 year old and share custody with her biological father (my ex-boyfriend). We already live 6 hours away from one another, so he really only takes advantage of his visitation, which he is allowed one weekend a month, on major holidays and summertime.
I am married, have been for 3 years. Our household consists of my 5 year old, my husband and our 1 year old daughter. My husband has been offered an amazing job in London through the company he works for. Pay would be better, as well as the opportunities for school for the children among other things. Our court order states that I can decide our child's primary residence REGARDLESS OF GEOGRAPHIC LOCATION, and our lawyer has told me that if my husband has a rewarding job opportunity that it is in the best interest of the child. Trust me, I wouldn't leave the country with my children if I didn't think it benefited them in the long run. This could open so many doors for them, as they are still very young and impressionable.
I have family in Europe as well.
Problem is, I am sure my child's father won't be happy about this (even though he'd see her just as much as he does now) We would be fully equipped to let her travel to see him for his summer visitations and holidays when possible. I would have no hesitation in signing off on that. Us moving would not be to keep her from her father. The problem with her dad is when he has power or control, he uses it to his full advantage, and thinks not about the positive aspects, but more or less how he can hurt me. It was the same in the relationship, which is why it ended so soon. (Before our daughter was born.)
My question is, how likely is it that a judge would rule to not letting me take my daughter with me overseas when it clearly states in my court order that it is up to me to be able to establish her residence regardless of geographical location?
Has anyone had any experience with this?
- mejakiLv 79 years ago
To leave the country with your child, you'll either need the father's permission or a court order stating that his permission is not required. The agreement you have now, to boil it down to it's simplest terms,means that you can live anywhere in the US without the father having to OK it. The situation changes when it comes to leaving the country. Given the current situation (father sees the child irregularly) even if he refuses to sign off on the move, you'll likely be given the go-ahead through the courts, as you're willing to make sure that the father will have visitation on holidays etc.
- BruceNLv 79 years ago
Only your lawyer can assess your chances of doing it without the fathers approval.
Might I suggest that you politely approach the father to make a visitation agreement. Perhaps you will pay for your child to visit the father in the US for a month in the summer, with him, his or your mother or something. He will probably not like what you are planning, so be calm and let him talk. Open up the discussion, indicate your willingness to compromise, and let him have some time to consider your offer and any counter-offers before going to court.
There is an old saying that a bad settlement is better than a good lawsuit. It is better for your child too.
- Anonymous9 years ago
Just after the year 2000 hit, when I was a minor, my mother wanted to move me from the UK to the US. In the UK, my mum had TOTAL custody, yet STILL had to get a form signed by my father for permission to leave.
However... I would speak with a lawyer, to clear up that establishing her residence really does mean overseas. If it's in the court order, you should be fine.
Please be aware that in the UK, and esp. London, it's a lot more expensive than in the U.S. Though figures look good on paper, when you actually LIVE there, even if you're making great money, can still be hard to scrape by. :) Just a warning !
- Anonymous9 years ago
In order to get the child a visa for the UK, you WILL have to have a signed and notarized paper from him giving permission for her to receive a visa and move to the UK. OR you are going to need to get a court order saying you can remove the child from the USA. Without one of these things the UK will NOT issue the child a visa.
Although your order currently states you have the decision on where the child lives, it does not say you can remove the child from the country. If you were to attempt to obtain a visa without one of the above things, the UK would say that you are denying the father access to the child, and not issue her a visa.
Your best bet is to try and be nice, and ask him for his permission. If you can get this, then it is much better than going to court. If it goes you court, you stand a very real chance of losing if he opposses it.
- How do you think about the answers? You can sign in to vote the answer.
- Anonymous9 years ago
Since it says in your court order that you can move the child and doesn't state anything about the consideration of the what the father wants, it shouldn't be a problem. Plus if you express to the judge that the move could be highly beneficial to the child and you are willing to still give the father his visitation time, it should be fine.
- mclaurinLv 43 years ago
properly many times in case you percentage JOINT custody you should remain interior the same section so the different verify can visit. (or a minimum of interior the same u . s . a .). except that different verify consents to you shifting away overseas. continually get each and everything in writing and notarized. i imagine you should of checked with the courts earlier shifting distant places! it is a important issue, quite if the daddy will enhance a fuss over it. at the same time as my husband had joint custody of his 2 ladies, we had to stay interior the same college district, so the toddlers did not ought to modify colleges. You suitable look into this, think about damaged the regulation and the courtroom order.
- RussLv 69 years ago
You understand that he can request special consideration for visitation - and you may have to split the fees to transport your child to visit him. He can also cite that his rights to access to his child would be damaged - and that his visitation would not be meaningful if he can not afford the airplane tickets to get her to the U.S. when he wants to see her. The court will make a decision on what is in the best interest of the child - and ripping a child away from a parent is not something the court will look at lightly.
- Tired of it allLv 59 years ago
Have your lawyer handle it.