[Marine13]

My ex-wife is planning on moving to Germany with her new husband who is in the Army but I don't want her to take our daughter,because I will never get to see my daughter I am deployed right now and in the Marines. I asked that we get a new custody agreementbut my ex-wife will not go to get the paper work done. I feel that my daughter needs stability in her life and all this moving is not good for her. She has moved her around about 3 to 4 times just in the last year. Please I need help I don't have any help out here and I don't want to lose my daughter... can anyone help me

[ScottGem]

She will need the permission of both parents to get a passport and to leave the country. If you have a visitation agreement, she cannot legally move if it will not allow you to exercise your visitation rights.

Don't wait for her to fill out the paperwork, you go to court and apply for a custody change. I believe, being deployed, you can designate a proxy to act for you. Talk to the JAG office for help.

[Marine13]

With me being deployed is there anyway she could go be hind my back and file for something that says she can leave the country with our daughter. Also I am from California if that make a difference. With her trying to leave the country is there anyway that I can get full/soul custody of my daughter so she doesn't have to leave the state. She is very close to my mom and brother and I really don't want her being taken away from them.

[Mozzarellaa]

Your ex-wife is being really selfish towards you AND your daughter!
You're right when you say your daughter needs stability, because judging from experience, I had to move a lot excuse my mum kept changing her mind about places, and it messed me and my emotions up big time!
If your ex-wife had any love in her, then she'd take your daughter's best interests at heart, not pull her along with her just because she wants to live in Germany.
I don't know what to suggest but I'd ask your daughter where she wants to live.

Hope I helped :)

[ScottGem]

Theoretically before she can exit the country she will have to go through security who will require that she show a passport and proof of permission. Can she forge something to get past security? Its possible. I would try to have a watch put on your daughter's passport. I'm not sure how to do this, but JAG should be able to help.

Whether you can get full physical custody is a question we can't answer. I doubt if you will get SOLE legal custody, but given the circumstances you might get full physical custody.

But you are going to need a lawyer and fast to start the ball rolling. You will need to get an injunction against your daughter leaving the country ASAP.

[AK lawyer]

... I am deployed right now and in the Marines. ... I don't have any help out here ...

You are deployed overseas? Can you, as ScottGem suggested, contact a JAG office? If you need help locating them, ask your commanding officer.

[Mommi]

Go to the section on Children's Passport Issuance Alert Program.

http://www.us-passport-service-guide.com/passports-for-minors.html

You will still need to get the paper work moving. What's your family care plan look like? DOes someone have POA for you? Talk to legal over there and get a specific POA for this matter signed for your mother or brother. They can then go to the court for you and ask for a continuance until you return. You have rights as a deployed parent, and they are cracking down on preventing women from screwing you out of your rights just because you're deployed.

[ScottGem]

Hey, Mommi, nice research! That looks like a very helpful link for the OP.

[Mommi]

Thanks ScottGem.

Marine13, finally had a chance to really think about this. Some ideas for you:
Go to your chaplain! He's going to have some sway to help you get more phone/internet time so that you can accomplish your goals, however be careful, I know that in the Army they are chaptering for lack of family care plans, and you don't want to get caught up in that.
If chaplain is a no go, talk to your first sergeant, hopefully for similar results.
Are you on speaking terms with ex-wife's new hubs? Consider calling him and explaining that you feel you and ex wife need to go to mediation over visitation. Hopefully he will be decent enough to use his sway with ex wife to get her to agree. If needs be point out that you're pursuing this anyway, and they may very well rescind his orders over this. I've seen it happen.
Try calling ex wife's hubs chain of command. If he's army he's got one. Explain to HIS first sgt what's going on and that you don't want to cause problems but you could really use their help, just as they would want help if one of their guys was in like that.
For JAG info try here: http://www.jag.navy.mil/legal_services.htm that's for Navy and Marines.
Please get that specific POA for this!