My daughter, who is divorced with three children will be marrying a military man soon. What will she need to do if the military takes them out of state or even out of the country? Will she have to fight her exhusband on this issue. How does this work? They were divorced in the state of Georgia.

If the father has a visitation order, yes, she will have to fight to take her children away from their father.

Was there anything written in their divorce agreement about moving and access to the children?

Chances are if she asks the father to move them and he agrees she needs to get a written agreement signed and noterized and if he doesn't agree then she will have to take it to court and there is a 60% chance the judge will deny her moving the kids ecspecially if he has visitation rights. Now as far as moving out of the country I believe the same works for that to because if she leaves without any of that then in that case it becomes kidnapping, its stupid but true it happened to a girl I knew in the military.

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Originally Posted by Enigma88

Chances are if she asks the father to move them and he agrees she needs to get a written agreement signed and noterized and if he doesn't agree then she will have to take it to court and there is a 60% chance the judge will deny her moving the kids ecspecially if he has visitation rights. Now as far as moving out of the country I believe the same works for that to because if she leaves without any of that then in that case it becomes kidnapping, its stupid but true it happened to a girl I knew in the military.

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Please tell us where you find the 60% chance statistic?

If there is an existing visitation order in place that the NCP is exercising, then a judge will not give permission to move the kids unless the NCP agrees. Also an NCP cannot modify a court order without court approval. So even an signed and notarized document isn't enough.

Again, please make sure of the accuracy of your responses.

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Originally Posted by ScottGem

Please tell us where you find the 60% chance statistic?

If there is an existing visitation order in place that the NCP is exercising, then a judge will not give permission to move the kids unless the NCP agrees. Also an NCP cannot modify a court order without court approval. So even an signed and notarized document isn't enough.

Again, please make sure of the accuracy of your responses.

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I agree that there is no such thing as "60 percent."

The way almost all judges work is: if you are planning to move out of state the NCP can stop it if it interferes with visitation.

In Georgia, if the father has and is using his visiting rights and does not want the children to move since he can not see them, it is simple she can't move or she will have to give him the kids and she moves without them