• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Paperwork Question For Custody/Relocation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LdiJ

Senior Member
Question for those in the know.... Is Mom likely to even get blanket permission to move the child ANYwhere OP is stationed? Or will Dad be able to contest a relocation in the future?
I don't think a judge would order that over the objections of one of the parents, but the two parents can certainly agree on whatever they want to agree to.
 


BmakYoung

Junior Member
So dad has already agreed that mom should have primary custody, and that mom can relocate with the child as needed for your career, and they have agreed to child support terms? If that is the case, then hire an attorney to draw up a stipulated agreement to be submitted to the courts. If that is the case then nobody might have to go to court at all if an attorney submits the paperwork, and the attorney fees should be fairly small.
Yes, it is supposed to be a pretty painless experience. They've both agreed to no child support since the initial agreement during the divorce.

Could dad file the custody paperwork granting mom primary custody? Or does mom have to?
 

LdiJ

Senior Member
Yes, it is supposed to be a pretty painless experience. They've both agreed to no child support since the initial agreement during the divorce.

Could dad file the custody paperwork granting mom primary custody? Or does mom have to?
Mom should do it, but they really need to file a stipulated agreement. Again, if an attorney does it, they probably wouldn't even have to attend a hearing.
 

CJane

Senior Member
Question for those in the know.... Is Mom likely to even get blanket permission to move the child ANYwhere OP is stationed? Or will Dad be able to contest a relocation in the future?
Yes, on both counts. I know that SoldierBoy's decree states that he has custody, and that the children will relocate with him to any location his career requires. That was via agreement during the divorce. At one point, his ex spoke to an attorney about fighting that clause. She COULD have done it, but the opinion of the attorney she spoke with was that it would be an expensive losing battle, because she'd agreed only a couple years prior.
 

stealth2

Under the Radar Member
Yes, on both counts. I know that SoldierBoy's decree states that he has custody, and that the children will relocate with him to any location his career requires. That was via agreement during the divorce. At one point, his ex spoke to an attorney about fighting that clause. She COULD have done it, but the opinion of the attorney she spoke with was that it would be an expensive losing battle, because she'd agreed only a couple years prior.
But what if it isn't a parent being relocated, but a third party?
 

CJane

Senior Member
But what if it isn't a parent being relocated, but a third party?
I don't think it will matter, if it's an agreement. The kids will be military dependents, regardless of their "legal relationship" to the OP. It wouldn't be that hard to include a clause that stated that upon Mother's husband's receiving orders, the children will relocate.
 

stealth2

Under the Radar Member
I don't think it will matter, if it's an agreement. The kids will be military dependents, regardless of their "legal relationship" to the OP. It wouldn't be that hard to include a clause that stated that upon Mother's husband's receiving orders, the children will relocate.
Thanks. Will tuck that info away.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top