Legal Question in Family Law in Montana
To be able to take my son out of the country
I recently got married and my husband is stationed in Germany; I have a child from a previous marriage and I have primary custody and my ex-husband has visitation. I want to take my child with me but my ex refuses to let me take him with me. So my question to you is can my ex stop me from taking my son with me to Germany?
1 Answer from Attorneys
Re: To be able to take my son out of the country
Take a look at Montana Code Section 40-4-217, Notice of intent to move. A parent who intends to change residence (you) shall provide written notice to the other parent (him). Since your change in residence will significantly affect the child's contact with Dad, you must serve the notice personally or by certified mail at least 30 days before the proposed change. You must include a proposed revised residential schedule. You must file proof of service with the court that adopted the parenting plan you are proposing to change. If Dad does not respond within the 30 day period, he is deemed to accept the proposed revised residential schedule.
Since Dad already said "no," he might file a response to your proposed revised schedule, including his own proposed revised schedule.