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Leaving the country with my children

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Heather Battle

Guest
What is the name of your state? michigan

i am currently married, but seperated, is it legal to leave the country with my children after a devorce has been finalized?
 


usmcfamily

Senior Member
That depends ENTIRELY on the type of custody that is ordered when the divorse is finalized...there is no way to predict that so I don't think an answer can be given to you at this point.....
 
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DesperateMom21

Guest
I'm not a lawyer,but from the reading I have done,I would think that it would be unless you have sole custody of your children or the other parent agrees.Has custody been determined?
 
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Heather Battle

Guest
you are for sure not being biased....I am soley for the children myself. my lawyer is asking the judge for the devorce based on mental and physical abuse, with me having sole custody and the father having supervised visits only...my wishes to go to germany are to be with family and friends and start my life with my children anew only!!!
 
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Heather Battle

Guest
DesperateMom21 said:
I'm not a lawyer,but from the reading I have done,I would think that it would be unless you have sole custody of your children or the other parent agrees.Has custody been determined?
not as of yet..my lawyer will petiton the juge for myself having full custody, and their father having supervised visits only.
 
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DesperateMom21

Guest
Even if you get sole custody,a judge may not allow the move because that would take the children away from your ex.Regaedless of what your motive to move a judge may say no, courts like to keep children close to both parents.Not saying that a judge won't permit it,but there would have to be substanial evidence that this move would be for the best.Has you ex ever been violent with your children?
 

ellencee

Senior Member
Heather Battle
The safest thing to do is to handle it all at once--asking for custody, asking for permission to move the children to Germany, and setting up visitation accordingly.
I believe if you get an order, immediately move to Germany or ask to move to Germany, then you are going to have problems with the court.
From what I have read on this board, and from my own divorce/custody years ago, moving the children more than a certain number of miles, 100-250 is the range I have read, is grounds for the other parent to seek full custody.
I think you have the greatest chance of getting what you want by handling all the situations at one time. I know of one instance where the judge allowed the parent to move to a European country with the children and stated these two reasons for his granting permission: the move was for a predetermined time of 2 years; the judge viewed the move as beneficial for the children to experience this once-in-a-lifetime opportunity.
Best wishes.
 

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