Legal Question in Family Law in Kansas
Custody injunction
can a parent get an injunction against the other forbiding them to leave the state with a child. my daughter is in a marriage with major problems and was coming home to try and get things straight, husband got military injunction against her leaving the state with their minor child. does she not have the same parental rights as he does can he legally compel her to stay in a house where one of his children has already sexually molested one of her daughters, he said it was not in the best interest of the child their child who is 14 months old to leave the state.is there anywhere she can turn for help
3 Answers from Attorneys
Re: Custody injunction
Does she have legal counsel? If not, she should seek out such who regularly practices in domestic law. I've never heard of a military court addressing domestic issues. Yes, it is possible for a domestic judge/court to restrain a parent from leaving the state w/minor children w/o prior notice or permission from the other. . .however, normally a hearing would be held giving the other parent an opportunity to be heard. You may not have all the facts.
Re: Custody injunction
The injunction is temporary. She can persuade the court that her relocating elsewhere is in the best interest of the child, which is the test the court will apply. A person with custody can generally relocate for good reason but must show the court it is in the best interest of the child. She is advised to counsult with a local family law attorney. It is an issue which should handled be an attorney. Courts are now more understanding in these situations but has to balance the competing interests of divorced parents.
Re: Custody injunction
Military authorities have no jurisdiction over civilians in domestic matters. I sense that this is an important matter to your family. Your investment in agressive legal counsel would be a wise thing to do.