Can my ex-husband take my son to Japan with him when he moves if he hs full custody?

My ex is in the military he will be leaving in less than 2 months. He will be living in Japan for the next 2 years. my son lives with him during the week and with me during the weekends and when my ex goes on lesser time consuming military obligations. My son lives here near his brother who lives with my parents, his grandparents.

Asked on June 12, 2012 under Family Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Technically under the presumed court order with respect to the custodial arrangement between you and your former spouse with respect to your son, he cannot legally take your son with him to live full time based upon what you have written.

I suggest that you consult with a family law attorney as to what should be done with respect to some motion to keep your son living in the United States if your former husband will not sign a stipulation that the son will be residing primarily with you while he is in Japan.

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