Q: I have sole legal/physical custody of my child. Can I relocate to another country with her without modifying agreement?
I have sole custody of my 12 yo daughter. My ex has visitation on Sun. and 2 nights a week for dinner. Other visitation to be agreed upon. He has not followed the schedule once in 8 years. My daughter has not seen her father since Feb. nor had a phone call from him in several months. I am recently engaged. We have been together for 4 years. He works/lives in the US, but is from another country, which is where we hope to move to next year. My child and I were granted residency visa's and I also own a home in that country with my fiance. We have very little family on my side here and the family on her father's side has nothing to do with her. My child has been to this country twice and loves it.
I emailed my ex/sent cert letter with return receipt to let him know of plans. I have not had a response. I even offered to work out an agreement with child support to be used for her to travel back to visit him twice a year. No response. Do I need to go to court if I have sole leg/phy custody?
A: You really should file a motion with the court and have him served. He may not even show up for the hearing and the court will probably grant your request based upon the facts as you have stated. Technically, you would be in violation of the order for visitation if you moved without a court order, even though nothing would probably happen. It's always best to play by the rules.
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