My EH is currently taking me to court. He is moving back to his home country and wants to take our 6 year old son with him. His main argument is that I am not that financially fit. He says he is afraid that I won't be able to support our son and that our son will have to go on state med insurance. I am a very good mom! I have had the same job for 3 years (I am a preschool teacher), I do not do drugs or drink. Right now my son has his bed in my bedroom until we move this summer. That is another one of his arguments. I do have a lawyer but wanted to ask you all what you think the chances are that a judge will grant my ex full placement and allow him to take my son from me. Thank you for your help!!
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will a judge let him take my son?
- Thread Starter imhismom
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Proserpina
Moderator
I cannot see ANY judge allowing this child to be relocated out of the country - and furthermore, I STRONGLY urge you to a) keep the child's passport with YOU if one exists and b) go here
http://travel.state.gov/family/abduction/resources/resources_554.html
Register your child's information and you will be alerted if anyone applies for a passport in your child's name.
http://travel.state.gov/family/abduction/resources/resources_554.html
Register your child's information and you will be alerted if anyone applies for a passport in your child's name.
I made sure about a year ago that I had his passport. I have filled out the proper papers in order to be alerted if someone tries to get a passport for him. Bad thing is, my EH applied and was granted citizenship for my son from his home country and apparently my EH could get a passport from there and the US can't stop him from leaving. But my EH does know that he would face federal kidnapping charges!
army judge
Super Moderator
If you trust your lawyer, speak to him about this matter promptly.
If you have lost confidence in your lawyer, hire a new lawyer.
You shouldn't complicate your situation by seeking advice from other sources.
Yes, there is always a chance that a judge could rule against you.
That is why you should seek solutions and remedies from the counsel you have retained.
Stay on top of your case and the result you desire is easier to obtain.
But, no one can guarantee you any particular legal outcome.
Nor, can anyone predict if your EX will violate the law to seek his remedy.
So, get busy seeking your legal remedies.
You might even have to move to another state, with the court's approval.
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Proserpina
Moderator
Out of interest, are we talking about a Hague Convention signatory here?
army judge
Super Moderator
That would make a difference, if it weren't.
I'm guessing the country is question isn't a signatory.
Proserpina
Moderator
I'm thinking so, too.
Which would make any charge of kidnapping infinitely more difficult to pursue.
Which would make any charge of kidnapping infinitely more difficult to pursue.
army judge
Super Moderator
I mean no disrespect to anyone, but people need to be far more deliberate and cautious when it comes to procreation.
On the other hand, maybe not.
Some of those people have paid for our beautiful cabin (and property) on a picturesque and scenic lake!:yes:
jharris352
New Member
Judges don't usually let parents take minor children to another STATE without the other parent's permission. If you need financial support, maybe he should be paying more? What country is he from?
I mean no disrespect to anyone, but people need to be far more deliberate and cautious when it comes to procreation.
This wasn't some one-night stand. We actually were married for 8 years (had my son after 4 years of marriage). He just wanted out and now he is moving back to his home country (the Land Down Under), which by the way is part of the Hague Convention. I also do trust my lawyer very much, it's just that I am one of those people who need to hear a lot of people say something in order to ease my mind
I guess I just need as much reassurance as I can get.....this is my life I am talking about. I do appreciate all the comments!!
Extremely unlikely a US court will grant him custody and permission to move. All he is required to pay is what state guidelines recommend. Unless you have been hitting him up for more money all the time or threatening to take him back for more support, he is no position to say you cannot raise him adequately although
I'm sure money is tight with your job, as long as the child is being cared for, is all that matters. What triggered him to do this? Usually this stuff just does not happen out of the blue.
I'm sure money is tight with your job, as long as the child is being cared for, is all that matters. What triggered him to do this? Usually this stuff just does not happen out of the blue.
He was actually planning on moving back in about 4 years, but he has a GF now who lives over there so he wants to move now. I don't want anything from him and have never asked him for anything. I just want our son. He is moving back with or without our son....I just hope a judge says without. Don't get me wrong, I def do not want my son to go without having his dad in his life everyday. But he is the one choosing to leave.
Proserpina
Moderator
Again, I cannot see a US judge allowing Dad to move the child back to Australia, even on a quasi-temporary basis.
I would assume jharris is referring to MOVING to another state, in which case permission from the other parent is required if it is a certain distance away. I think, but don't quote me, that each state has there own "mileage" rules. For instance, in Wisconsin you cannot move more than 180 miles with the child without the consent of the other parent.
Actually a parent can't move a child out of the childs school district without courts/NCP written permission.
Clarity is needed when posting to a legal forum.
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