Can my ex-husband force me to send our daughter overseas to visit him?

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Can my ex-husband force me to send our daughter overseas to visit him?

We never had a custody hearing; we agreed that our 10 year old daughter would live with me in SC and he could see her whenever he wanted. Now he is stationed in Germany and wants her to come visit him.

Asked on February 15, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, he could win in a battle regarding visitation, unless you can show maybe some harm to your daughter.  If he were stationed in Iraq I could see the hesitation but he is not and he has a right to see his daughter.  Who is paying for the trip?  That needs to be ironed out. Also, it should be made when she is out of school on a break so as not to interfere with her schooling.  I think that it may be time for you and your ex husband to sit down and figure out a custody arrangement and put it in writing.  If there are other extenuating circumstances then seek legal help with the travel issue.  Good luck to you. 


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