BamaAngel26 said:
I live in alabama and am going to file for divorce soon. I have 3 kids from this marriage and I want to know that if I get divorced and decide to move to another country for a job postion can my husband stop me from taking my kids. If so what can I do to make sure my kids best interests are taken care of.
My response:
It would be highly unlikely that a court in the United States would allow you to move out of the country with your children. U.S. courts DO NOT like to lose jurisdiction of the children within their borders. Additionally, it is the highest order for a U.S. court to oversee the "best interests of the children" by maintaining the parent / child relationship. To allow you to take your children out of the country, over the objections of your husband, would be tantamount to stripping your husband of his parental rights.
It's one thing to move to a different State, and that's done all the time - - because visitation can be readily maintained within United States borders. But, when it comes to allowing you to take the children to another country, judges will not, except under very rare and extraordinary circumstances, give up jurisdiction to a foreign country.
It is much more complicated than this, but the end result is the same.
Good luck to you.
IAAL
