Q: Will I need to notify my daughter's father that I am trying to get her resident visa in another country?
I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen his daughter in a little over 4 years. I am going to hit any impediments when applying for her visa?
A: You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.
A:
I agree with the first answer in that you really need a family law lawyer that handles these type of cases. And you need one who practices in the court where your moving requests are going to heard. There are a lot of landmines in this type of case and even though the law is the same for the whole state there are a lot of little variations in local thinking and rules that can trip you up.
Generally, if you have sole physical custody of the child you can move with the child after giving proper notice and providing the same type of visitation opportunities for the father that he now enjoys.
Acting unilaterally in moving without the court's permission can lead to significantly increased litigation. My practice is to file for permission to move no matter what the case, so you will not be looking over your shoulder once you do move. If you do not do so prior to the move, even while it may will eventually be granted, can cause the father to get proactive and force the child back in state pending a resolution of the issue; and be used to paint an inaccurate picture of you as a proper custodian.
So, please, get a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
