I live in CA (with my wife of 7 years, our 2 children, and my step-son) and I have joint legal and 33% physical custody of my 8 year-old son with my ex-girlfriend (even though I get him a lot more than 33%, that percentage is what is on the court orders). My ex recently married a man in the Army, who is stationed in Korea. She told me that she is planning on moving to Korea for 2 years and that she is going to take our son with her. Her plan is to have him visit me during Summer Vacation. I told her that I would not agree to her taking our son, so now she is saying she is going to take me to court. Is there anything that I can do to prepare? And also, does she have a right to do what she wants? I also feel that it is time to ask for more time (on the record). Should I bring this issue up separately, or at the same time she takes me to court? Thanks for the help. Oh, and one more question. Are there benefits to hiring a "Father's Rights" attorney as opposed to a "regular" attorney? Thanks again.

CaptainForest

"Is there anything that I can do to prepare?"
- Hire a lawyer and get all your documentation in order.


"And also, does she have a right to do what she wants?"
- No. That is why she has to take you back to court first.

"I also feel that it is time to ask for more time (on the record). Should I bring this issue up separately, or at the same time she takes me to court?"
- Might as well bring it up at the same time (but ask your lawyer on that one)

"Are there benefits to hiring a "Father's Rights" attorney as opposed to a "regular" attorney?"
- Yes. a "Fatjer's Rights" attorney specializes in this sort of thing where as a "regular" attorney does not. In this case, you want the best lawyer possible, so go for the "father's right" attorney.

nymphetamine

I agree with forest. Go to a fathers rights lawyer. Thats the first time i ever heard of them. Its wrong that your ex is doing that to you. Can you prove that you have him most of the time? That might make them ask some questions as to her having custody if you have him a majority of the time. That just irks me she decides to make things hard on you and your son just because. Good luck and i hope you get what you want.

fredg

Hi,
I agree with CaptainForest.
You definitely need a lawyer, and one who is experienced in this type of issue. A "Father's Rights" lawyer, or a lawyer very experienced in child custody cases, is much better than one who isn't.
I really doubt your ex has much of a chance, but that is up to the Court. Most courts rule on what is best for the child. And in your case, being with you and the family is probably best.
I do wish you the very best of luck.

Fr_Chuck

First while I do feel sorry for the situation, and getting an attorney is the best thing to do.

She is now married to someone else and her husband job is moving them to somewhere else. What is she suppose to do, give up her rights to the child and move and leave the child with you.

If you got a job, a much better job and wanted to move and your ex did not want you to move, how would you feel.

In EX relationships we often forget that both parties have to move on with thier lives and this in todays society means MOVING away. OK not nromally to Korea, but that is normally a one year assignment and then they are back in the US.

It looks like she is willing to offer and try and make arrangements for longer summer visitation and the such so the court will view this as her being willing to make some give and take.

sorry but I beleive that we have to be more understanding of life going on and while it hurts, stoping someone from moving is not right either.

Not what you wanted to hear but my opinoin anyway.