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    amc020507's Avatar
    amc020507 Posts: 1, Reputation: 1
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    #1

    Aug 21, 2008, 11:07 PM
    Joint custody
    I had a son with my exhusband and then we shortly moved to Germany where he is from. Once there he became abusive so I took it upon myself to get myself and son out of the situation before it got worse and came home to United States. He found out we were here and filed Hague Convention of International Child Abuction where I was arrested and he got to take my son back to Germany while I was here. The courts in Germany heard out case and gave us JOINT custody with him the right to determine residence. Now after 4yrs he has still denied me to see my son. He remarried a military lady and I found out that they were 4hrs from where I reside. I got an atty to get me an emergcy hearing to get my son in that county. He said they were on vacation and going back to Germany so Judge said she couldn't establish jurisdiction. He was able to take my son. So now here I am again going on 5 months with NO contact from my son. I do know that through the military they are in Alaska at this time. I am awaiting a court hearing for him trying to register our foreign child custody orders. But he has a certified translation with omitions. I had to get a correct one and send in. In the order it states that my son, while with his father, is a child who is withdrawn from others. And there is nothing in that order stating visitation.
    Can someone please help me as to whether the Judge will continue for us to have JOINT custody and modify it with visitation for me or should I go in and ask for full custody since he has denied me rights all these years?? Please help
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Aug 22, 2008, 01:28 PM
    Your exhusband is trying to register the foreign custody order, and it says nothing about visitation? I am not familiar with this procedure so I cannot say whether you can modify the terms of an order in a procedure to register the order. The term that I am familiar with is 'domesticating' a foreign or alien judgement, so that it can be enforced in the current residence. Once the judgement is domesticated or registered, you should be able to petition to have it modified so that you get visitation (or custody). You should have an attorney.

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