Custody and out of the country

RickeyandDani

DH and his ex-wife had an uncontested divorce while he was in Iraq. They did not do anything about custody. She's been the primary caretaker for the past 5 years and he's been paying child support.

DH is talking about trying to get custody. he also mentioned that there's a big chance we'll be stationed in Japan for 3 years (we wouldn't go for 2 years).

If DH does a custody battle and gets shared custody, can he just take his son to Japan without her permission? If he has sole physical but joint legal can he?

Just trying to see what we might be working with.

Thanks!

Ilumine

First of all (after reading your first post), your DH will not be getting shared custody.  He may get more visitation, but I seriously doubt any judge will give him partial or shared custody after his lack of parenting over the last 5 years.  He was not in overseas for the entire 5 years.  If he could not pull his act together to try to see his son when back in the states, why would a judge trust him to be the right father now.

Not to mention, he will have to show a good reason for getting sole physical custody after all of these years. 

Second, he is not going to be able to take the boy out of the country without her permission.  And if he were to try, he will be booted out of the military faster than you can say Uncle Sam.  The Marines do not look kindly upon kidnapping. 

 

hindsight's_a_biotch

Agreed completely with Illumine. Why does he suddenly have an interest in his son?

And how may I ask did they manage a divorce where custody was not addressed? I bet something in there addresses it, even if your H doesn't like it.

Phantomgirl

My brothers ex took his son and moved from Boston to Ireland.  He didn't see him for almost a year.  In saying that he called couple of times a week despite the fact that she was beyond abusive to him.  I actually witnessed it on xmas eve 2007, worst xmas of my life.  There was nothing he could do to make her bring him back to US so 12 months later he closed his business, sold everything he owned and moved back to Ireland.  He now drives 8 hours round trip X 2, so down and back to collect, down and back to drop off at least EOW if not most weekends.

What i'm saying is, it is possible, but it is kidnapping.  I cannot imagne he would have a job to go to in Japan if he tried it. 

ditto Illumine and Hind.

Ilumine

Phantomgirl:

My brothers ex took his son and moved from Boston to Ireland.  He didn't see him for almost a year.  In saying that he called couple of times a week despite the fact that she was beyond abusive to him.  I actually witnessed it on xmas eve 2007, worst xmas of my life.  There was nothing he could do to make her bring him back to US so 12 months later he closed his business, sold everything he owned and moved back to Ireland.  He now drives 8 hours round trip X 2, so down and back to collect, down and back to drop off at least EOW if not most weekends.

What i'm saying is, it is possible, but it is kidnapping.  I cannot imagne he would have a job to go to in Japan if he tried it. 

ditto Illumine and Hind.

Since he is a Marine, he would be immediately arrested and prosecuted.  And he COULD be prosecuted through the military courts, which has a much stronger punishment for things like this.