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Wishing to move out of the Country; My boyfriend is in the Air Force

This is a discussion on Wishing to move out of the Country; My boyfriend is in the Air Force within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My boyfriend is in the Air Force, and will most likely by assigned a 3 year tour overseas. I have ...

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Old Aug 9th, 2011, 02:23 PM   #1
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Default Wishing to move out of the Country; My boyfriend is in the Air Force

My boyfriend is in the Air Force, and will most likely by assigned a 3 year tour overseas. I have a 3 year old son, in which my ex husband and I have joint custody. I am wanting to move overseas with him and my son, but I am told that the judge won't allow it if my ex husband says no, which he is totally banning me from moving overseas.
Does anyone have anymore information on this, or are there any rights to me as I would have to marry my boyfriend if we moved, and that would make me a military spouse. Is there any laws to protect me there?

Thanks.
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Old Aug 9th, 2011, 03:47 PM   #2
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Default Re: Wishing to move out of the Country; My boyfriend is in the Air Force

I wish to inform you that court considers best interest of child as main consideration. If father does not agree then you may seek court order. In this court may grant order if you can show that proper care of child will be taken and that may suggest some plan in which father can meet child like during holidays of child etc. Your right to take child abroad will be depending upon you to show that child will keep contact with other parent and that best interest of child are met.

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Old Aug 9th, 2011, 04:57 PM   #3
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Default Re: Wishing to move out of the Country; My boyfriend is in the Air Force

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Originally Posted by Samanthajh View Post
My boyfriend is in the Air Force, and will most likely by assigned a 3 year tour overseas. I have a 3 year old son, in which my ex husband and I have joint custody. I am wanting to move overseas with him and my son, but I am told that the judge won't allow it if my ex husband says no, which he is totally banning me from moving overseas.
Does anyone have anymore information on this, or are there any rights to me as I would have to marry my boyfriend if we moved, and that would make me a military spouse. Is there any laws to protect me there?

Thanks.
There is no law against your marrying your boyfriend. But your ex husband has a right to participate in the raising of your son, especially since you have joint custody. If he says "no" and opposes your taking your child out of the country to become a military brat, then you will have a fight on your hands in court. You may move, but the court has to approve your taking your son with you. Also, the child has a right to time and parenting by his father. A real conundrum, isn't it?

What you could consider since the child is not yet of school age is 6 months with dad, 6 months with mom until the child becomes of school age. These formative years are very important and the bonds a child forms with his parents. Taking him out of the country to live will weaken and possibly break the bonds with his father. Think about options and you may come up with something that works.
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