What is the name of your state? VA
I have a 13 yr old son that has always been living with me. My ex and I divorced 3 yrs ago and we parted amicably with a non-contested divorce decree signed by both. The divorce was signed by the courts in 1999. Since then my Ex and I have moved on with our lives, he now lives with a wealthy widowed girlfriend and I have remarried a military member. I am the Custodial Guardian of my son and the divorce decree states that we should discuss all issues regarding my son....but ultimately if we can not agree on issues that the "Custodial Guardian" has the final so so on issues. My Ex decided to cut off all child support payments to teach me a lesson after a disagreement. I filed a contempt order against him for failing to pay the court ordered child support and he hired an attorney to file a motion to try to "change custody" and take my son away fron me. His battle was lost due to my son wanting to stay with me. He started paying SOME child support, but not the ordered amount and only what he felt was the fair amount, and then only sporadically. The court battle has been going on now for 3 yrs and his arrearage is over $17,000. My question is this: If my current husband who is a military member, ever gets orders to move us overseas, can my Ex prevent me from taking my son overseas with us? He has no home of his own established (only his girlfriends place), and has claimed to the courts for the last 3 yrs that he could not afford financially to pay the court ordered amount of child support (he definately could, but was being paid under the table to hide his income). I'm still persuing the Child Support issue in the FL courts. I also have a copy of an old restraining oder against him from 3 yrs ago when we were divorcing and he came to my home drunk and threatened to kill me. My 13 yr old son I feel would have the normal fears of moving and starting up at a new school and making new friends. I'm sure this would just be his nervousness about such a big move. He's ALWAYS lived with me and we have a good relationship. His dad had custody of my oldest son and did not spend much time with him or parent him sufficiently, and my oldest son did not even graduate high school while in his care. Are there any steps I can take to make sure I get to take my son overseas with me? I'd be very open with any visitation suggestions his dad here in the states might want. Since travel from overseas is quite time consuming and costly for us both. But feel the Ex would use a move, against me to start up another legal battle.