Legal Question in Family Law in Florida
I have to move to Japan since my husband is military, can he stop me?
My son's father has never been a part of his life. We were never married or living together. My husband has taken care of my son for the past 4 years. The military is relocating us to Japan. My son's father says its his ''turn'' to raise our son. My son doesn't want to live with him. He has 4 other kids. Can he stop me from moving to Japan with my husband and baby? We are due to move in January. He hasn't seen him in 2 years and doesn't really call. He blames all this on me because I don't call him. He still is obviously immature. He does pay child support for the past year because i was tired of him sending money when he felt like it. Is there anything he can do to prevent me from moving with my husband or do I have sole custody in the eyes of the law?
2 Answers from Attorneys
Re: I have to move to Japan since my husband is military, can he stop me?
Yes. He can probably have a case to stop you. You should retain a lawyer to get an order allowing you to take the child - though it might be a legal battle.
Re: I have to move to Japan since my husband is military, can he stop me?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The father has equal parental rights in regards to the child. You do not have sole custodial rights unless the court grants you those rights. You need to go to court and establish who the primary residential (custodial) parent is if this has not already happened. Then you need to get the court's permission to travel to Japan with the child. Be forewarned, you may be responsible to pay for sending the child back to visit the father during a vacation period.
Scott R. Jay, Esq.
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