Q: I have a great opportunity to go to Germany for a year or two. Can my ex keep me from leaving with our child?
I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of different cultures and better educational systems. I see the court states the best interest of the child. And she really wants to go. She has anxiety attacks just thinking about going with her father and leaving me on his court ordered weekends. I am looking for an attorney to consult with immediately.
A:
As long as you are willing to bear the cost and inconvenience of international travel so your ex can exercise his periods of parenting time with your child, you may very well be able to temporarily relocate to Germany.
It will be a lot easier logistically if you work out the details with your ex ahead of time.
Penny Wymyczak-White agrees with this answer
A:
Review your court order for a geographic restriction. If there is a geographic restriction that limits the child's residence to a particular geographic area, then you cannot leave with the child without getting a new court order allowing it.
It is extremely difficult to get a court to agree to lift such a restriction without an agreement from the other parent. You must show the court that it is in the best interest of the child to live that far away from the other parent.
If the other parent does agree to allow the move you still need to get an agreed order prepared and signed by the Judge.
A: You have a uphill battle to convince a court that the child should not live near the other parent, Be prepared to pay for all travel if the judge lets you go.
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