process under TX child custody laws to get a temporary order to prevent former spouse from leaving the country with child
Bedford, TX
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Posted about 1 year ago in Child Custody
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child custody and leaving the country:
If a woman marries a military man and her ex-husband will not allow her to leave the country with the child, can she get the child back when she returns from the family deployment with her husband and other children? Does she need to forfeit custody if her husband was given orders? Is there some kind of temporary orders that say the child goes back with mom when she returns?
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Answers (1)Fran Brochstein
This attorney is licensed in Texas.
Posted about 1 year ago.
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I can only answer your question globally. I do not have a crystal ball and am unable to guarantee what will happen.
You need to immediately consult with a family law attorney in your county that knows this judge and can give you a more knowledgeable answer regarding what the judge your case is assigned to will do in this situation. The first thing a court considers is what is in the best interests of this child? Such as -- How close is he to his step-siblings and his mother? If the father does not visit often with the child, the child might be able to go overseas with the rest of the mother's family. If the father gets custody, then mother will have to pay father child support. Even if she is a stay at home mom, then she will be ordered to pay minimum wage child support of approx. $200 per month. Normally, if the father is given custody then it shifts the burden to the mother to come back to court when she returns to the state and ask the court to reconsider giving her custody. At that time, the court will look at what is best for this child. Has he/she developed a close relationship to the father, how is the child doing in school, what does the child want to do, etc. If a child is over the age of 12 he/she can designate who they would like to live with, however, it is NOT binding on the judge. Good luck! |