If my Husband gets stationed overseas, can my son from a previous marriage

Adiba - posted on 03/12/2011 ( 7 moms have responded )

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I have been divorced for several years, and I have sole custody of my son, but my divorce decree says that I can not take him anywhere outside of the US. What do I do if my husband gets stationed outside of the US. I want to take my son with me, and my son wants to come, but his father is dead set against us moving anywhere at all let alone outside of the country. I have sole custody, and my ex husband has visitation. He is supposed to be paying child support but he doesnt. I would appricate any advice please.

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Katina - posted on 03/17/2011

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I have a daughter from a previous relationship. When we got orders to Germany. The rule is if you have full custody you do not need his permission. If its joint you do. The military will give you paperwork for him and you to fill out. If he says no. Your child will not be able to go.

[deleted account]

Unfortunately you need his signature to get your son's passport. However, I have a friend out here in Spain whose husband has a son from a previous marriage. They were in the same situation as you, except I think the mom wasn't much of a mom and never really tried to see her son. They went to court over it and had her rights removed. Then my friend adopted her husband's son.
I hope this helps :)

Nicole - posted on 03/12/2011

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well, I have no experience with this firsthand, but my friend is living here in Okinawa with her husband and her son from a previous marriage whom she has sole custody of. Her husband still has visitation if he chooses to buy a plane ticket and come see him.

Go to base legal, ask them. Its free and you will get your answer, and if it's not the answer you want and you guys are moving overseas, they can help you go about getting it worked out.

Do you have orders to move overseas?

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Adiba - posted on 03/05/2014

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Hello Halley, I figured after seeing that you replied to my post that I should update it. I hardly ever see peoples updates when I search for helpful topics. It's been a few years now and my husband is stationed in Alaska, which is technically overseas, but still in the US so I was able to bring my son with no problem. We have extended here so we will be here for a few more years. As for going anywhere else overseas with my son, I still won't be able to because I don't have a passport for him and I can't get one without my ex signing for it. I would have to take him back to court to try and get the orders changed, or to try and get him to sign off on a passport. Other then that the only other way would be to speak with my ex and come to an agreement, which I am thankful to say we have been able to communicate better now then we used to.

Hailey - posted on 02/16/2014

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From your experience do you recommend trying to get the custody orders changed prior to even getting orders, so we will be ready for when the orders do arrive? I really feel for you - I hope the outcome of your situation turns around and you can be with both your husband and son all at the same time.

Sandy - posted on 03/17/2011

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Since the child's father doesn't keep up with child support, you may be able to go back to court to have that particular stipulation removed or amended to allow you to PCS with your son. It should be easier since you have full custody. It will take time and money though. Good luck.

Shelly - posted on 03/17/2011

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I am in the same situation unfortunately for me where i live in the state of ky the court decide i couldn't go or if i go he got to stay with his dad. So my husband PCS'd and we had to stay here. It is very very hard and every day is a battle emotionally and financially. I wish you the best of luck i hope the court system in the state where you live is different but you will absolutely have to go to court. Sorry to be the bearer of bad news.

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