PCS Overseas with step-children.

[Chris6785]

Good evening,

It is almost time to pick orders and my wife and I have been discussing the possibility of overseas orders. I am not some newlywed, or new to the military this is just something we never thought about because her custody agreement seemed to be pretty solid.

On paper she has physical custody, and it goes on to state the children reside solely with her etc etc. regarding travel, it only states that we have to notify the biological father 5 days after she establishes a new residence. There is nothing that states out of state or overseas relocation. But he does have visitation which he doesn't utilize, nor pay child support. I'm not dogging the guy, but he is remarried and resides with 4 additional children and relies on govt assistance to get by.

I am just trying to see if we are in the clear regarding an overseas PCS or if there is any legal steps we would need to take to ensure the girls stay with us. Thank you!

 

[Proserpina]

Good evening,

It is almost time to pick orders and my wife and I have been discussing the possibility of overseas orders. I am not some newlywed, or new to the military this is just something we never thought about because her custody agreement seemed to be pretty solid.

On paper she has physical custody, and it goes on to state the children reside solely with her etc etc. regarding travel, it only states that we have to notify the biological father 5 days after she establishes a new residence. There is nothing that states out of state or overseas relocation. But he does have visitation which he doesn't utilize, nor pay child support. I'm not dogging the guy, but he is remarried and resides with 4 additional children and relies on govt assistance to get by.

I am just trying to see if we are in the clear regarding an overseas PCS or if there is any legal steps we would need to take to ensure the girls stay with us. Thank you!

First, we need to know the State where the court order originated.

Then, there are very, very, very few cases where a court order states that one parent can relocate the children out of the country without one of two things - permission from the court, or consent/notification of the other parent.

How often does he see the children? How old are they? Where will you be PCSing?

 

[Chris6785]

First, we need to know the State where the court order originated.

Then, there are very, very, very few cases where a court order states that one parent can relocate the children out of the country without one of two things - permission from the court, or consent/notification of the other parent.

How often does he see the children? How old are they? Where will you be PCSing?

The court order originated in Mississippi.

He sees the children once every year and a half - 2 years.

I don't know about my PCS orders, I am in my negotiation window starting in 2 months.

 

[Chris6785]

First, we need to know the State where the court order originated.

Then, there are very, very, very few cases where a court order states that one parent can relocate the children out of the country without one of two things - permission from the court, or consent/notification of the other parent.

How often does he see the children? How old are they? Where will you be PCSing?

The decree states that it has to be in compliance with RULE 8.06 CHANGE OF ADDRESS OF CHILDREN of Mississippi Chauncery court.

 

[Proserpina]

The court order originated in Mississippi.

He sees the children once every year and a half - 2 years.

I don't know about my PCS orders, I am in my negotiation window starting in 2 months.

Given this, I think Mom needs to have a conversation with Dad. It's true that military moves are more often approved than others, and because Dad is virtually out of the picture I'd think he'd have a hard time convincing the court that the kids shouldn't go.

Have Mom see a local attorney to discuss her options. S/he may advise Mom to go to court now (sooner rather than later) to get her ducks in a row.

 

[TheGeekess]

The decree states that it has to be in compliance with RULE 8.06 CHANGE OF ADDRESS OF CHILDREN of Mississippi Chauncery court.

RULE 8.06 CHANGE OF ADDRESS OF CHILDREN
(a) In all domestic cases involving custody or visitation of minors and even though
no order for custody or visitation may have been entered, each party shall keep the other
informed of his/her full address, including state, city, street, house number, and telephone
number, if available, unless excused in writing by the Court.
(b) Within five days of a party subject to this rule changing his/her address, he/she
shall, so long as the child or children remain minors, notify in writing the Clerk of the
Court which has entered the order providing for custody and visitation, of his/her full new
address and shall furnish the other party a copy of such notice. The notice shall include
the Court file number. The Clerk shall docket and file such notice in the cause.
(c) In the event of a threat, disaster, or other emergency, such as a hurricane, which
causes an emergency evacuation, any party who has custody of a minor child (physical
custody or while exercising visitation) has a duty to notify the other parent of the location
and well being of the minor(s) as soon as reasonably possible.
(d) Every order respecting custody or visitation should contain a provision
incorporating the terms and requirements of sub-paragraphs (a), (b) and (c) above.
(e) The purpose of this rule is to prevent a parent from concealing from others the
address and whereabouts of children. Willful failure to comply with this rule may be
treated as a contempt. Failure to file with the Clerk the notice required by this rule shall
create a rebuttable presumption that written notice was not given to the other party.

http://courts.ms.gov/rules/msrulesofcourt/uniform_chancery_rules.pdf#page=26

 

[LdiJ]

Good evening,

It is almost time to pick orders and my wife and I have been discussing the possibility of overseas orders. I am not some newlywed, or new to the military this is just something we never thought about because her custody agreement seemed to be pretty solid.

On paper she has physical custody, and it goes on to state the children reside solely with her etc etc. regarding travel, it only states that we have to notify the biological father 5 days after she establishes a new residence. There is nothing that states out of state or overseas relocation. But he does have visitation which he doesn't utilize, nor pay child support. I'm not dogging the guy, but he is remarried and resides with 4 additional children and relies on govt assistance to get by.

I am just trying to see if we are in the clear regarding an overseas PCS or if there is any legal steps we would need to take to ensure the girls stay with us. Thank you!

If he truly doesn't utilize his parenting time, and is not paying his child support then the odds would be in your wife's favor to get permission to relocate (even overseas) with the children. Military moves also get approved far more frequently than non-military ones.

 

[justme1975]

Good evening,

It is almost time to pick orders and my wife and I have been discussing the possibility of overseas orders. I am not some newlywed, or new to the military this is just something we never thought about because her custody agreement seemed to be pretty solid.

On paper she has physical custody, and it goes on to state the children reside solely with her etc etc. regarding travel, it only states that we have to notify the biological father 5 days after she establishes a new residence. There is nothing that states out of state or overseas relocation. But he does have visitation which he doesn't utilize, nor pay child support. I'm not dogging the guy, but he is remarried and resides with 4 additional children and relies on govt assistance to get by.

I am just trying to see if we are in the clear regarding an overseas PCS or if there is any legal steps we would need to take to ensure the girls stay with us. Thank you!

I've been through this before. My custody papers didn't have anything about moving at all. So since my then husband was a recruiter and came down on orders to go to Germany, this is what I had to do. I had to get a notarized statement from the father giving me permission to apply for a passport and take the child out of the country for the duration of the tour, then get a passport, and with all that we were free to move. The notarized consent from the father comes in handy for two reasons. It covers down on Interpol laws of international kidnapping and it allows the mother to sign the passport application for the father. Both parents signatures have to be on the passport application. The army may or may not keep a copy of this consent on file as well.

Hope this helped a little.