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#710772 - 04/10/11 04:35 AM Military Relocation
CharlieCP Offline

recently joined

Registered: 04/10/11
Posts: 4
Hi. First time poster. Thanks in advance for your help and support.

To sum up my situation before I pose the question, my ex-wife and I both reside in Georgia, within 30 minutes of each other. We divorced about two years ago, amicably, with joint custody of our two children who were 2 and 4 at the time of divorce. The agreement was that they would reside with her, with them spending one night per week and every other weekend with me. There was no animosity or infidelity; it just didn't work out. From then to now, I never missed a child support payment, and have spent my allotted time and more with the kids. She and I never speak negatively about the other, always making sure the kids respect us both as parents.

Eight months ago I found out she was dating a Navy officer. I was immediately concerned about relocation, and approached her about it. Numerous times I voiced my concerns, and that we needed to make a plan of preparation regarding what would happen if she were to marry this person. She always refused to discuss it in detail. Her philosophy was that we would deal with it when the time came. As time would have it, they became engaged to be married in May of this year, 2011. I again voiced my concern about relocation, to which she replied that her fiancé would be getting his reassignment in May of 2012. He would request to stay at his home post, but it was likely that they would move at that time. She assured me that she would make the kids as available as possible if they were to move. This didn’t reassure me at all, and at this point, I contacted an attorney regarding what to do. She (the attorney) informed me that there was really nothing that I could do until the move was official except to request an addendum to the divorce papers stating that custodial privileges would revert to me, should they move X amount of miles away. Once the move becomes official, I can sue for custodial rights. My ex obviously did not agree to the addendum.

Both sets of grandparents are here. The kids get along with them all. My ex and I get along amicably with our respective ex-in-laws. The kids, now 4 and 6, have lived here all their lives. My ex and I have no family more than two hours away. Sorry for the long post, but I felt these were important details. My questions are as follows:

1 – Should I, in fact, wait until they’ve been married a year and receive her husband’s reassignment orders to take action?

2 – What kind of preparations, if any, do I need to be making now? I mean should I, in fact, wait until they’ve been married a year and receive her husband’s reassignment orders before I take action?

3 – What are the chances that if they move, I will be successful in getting custodial privileges?

Thanks again. Your comments are much appreciated.

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#710773 - 04/22/11 01:05 PM Re: Military Relocation [Re: CharlieCP]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
Let her know that if she attempts to relocate the kids elsewhere, you feel it is not in the best interests of the kids, and you will take legal action to make sure they stay.

You can't take any action at this time. It wouldn't hurt to interview a couple attorneys now and pick one to use later if necessary.

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#710774 - 11/06/11 03:22 AM Re: Military Relocation [Re: DedicatedDad]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
You have little choice but to wait. Your ex must give you 30 days notice before relocation. At that point you can petition for a change in custody. The issue is decided based on the best interests of the children -- which means looking into everything. Line up an attorney, as DD says.

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