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.
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
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.
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.