I am currently divorced and at the preliminary conference, my ex came out and gave me sole legal and physical custody of our daughter. The words came out of his mouth not his attorney. In the decree it states that I can take her out of the country on vacation giving him advance notice. I have been thinking of taking her to Italy for graduation in 2 years so she can learn of her heritage. I advised him and he is saying he will fight me not to let her go. He is threatening to take me back to court to gain legal custody.
Unfortunately, he can take you back to court but based upon the information you have supplied, he doesn't have a leg to stand on short of his bein able to show that you are attempting to relocate with your child.
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If you are adhering to the precise terms of your Agreement, it does not seem that he will be successful in challenging your trip.
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You can take your daughter to Italy and not worry about it. Based upon the facts in your question, he has no basis for objecting to the trip and certainly no basis for a change of custody. He may file the motion, but it should not be granted on your stated facts.
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