my sister has two kids she has herpes stage 1 and so does the youngest child which might have gotten when she was born. the husband and wife wants a divorce but the husband wants to take one child to outside of the country to live with him. but she does not want to give up the child, so will the courts be in her favor or because of the disease will she lose custody? Houston, TX shes the one who works he does not, when he did he did not bring enough to support the family.
The court will favor the mom. I assume that the herpes was caused by the husband. The Courts are only concern about what is best for the children or which parent can be the best person the take care of the children. She can always request geographical restrictions to prevent the child/children from leaving the state.
Nothing in your question suggests a foregone conclusion. A judge or jury looks at all facts and decides what's best for the children under the particular circumstances. It's unlikely the father will be allowed to change child's residence outside the United States unless both parents are citizens of the same foreign country. Your sister should visit with a lawyer for a detailed review.
The herpes is unlikely to be a significant issue. However, she needs to hire a lawyer for what sounds like a pretty nasty fight.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
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