Legal Question in Family Law in California
Married after divorce, how about my child?
I have 5 year old son. When I divorced, I received primary physical custody and 50% of legal custody. My ex has visitation right every other weekend. I recently got married and he wants to adapt my son. After that, we want to move out of USA. What can I do with my ex? My ex never agrees with this idea, but I want to start new life. Please help!!
3 Answers from Attorneys
Re: Married after divorce, how about my child?
You have not provided any informaton which would lead me to believe that the natural father's rights to parent his child should be terminated. The child has a right to have his father in his life.
If you want to leave the country with your new husband, you will need to file a request with the court for a 'move-away' order allowing you to move. It will probably be a hard-fought battle and I would strongly recommend that you retain an attorney to assist you.
Regards,
Damian Nolan
Re: Married after divorce, how about my child?
A father has a right to see and have a relationship with his son. You cannot terminate his parental rights merely because you have remarried and want to move.
Re: Married after divorce, how about my child?
I have a suggestion is you want to legally move on without any contact or interference with your son's father. Give full legal and physical custody of your son to his father. Otherwise, be greatful that your son has a father in his life that loves him and wants to be involved. We have a lot of men in prison that didn't have that involvement with their father. Pat McCrary