If my child’s father joins the military, would I be allowed to leave the state with the child?

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If my child’s father joins the military, would I be allowed to leave the state with the child?

We have shared custody as of right now but would he be signing away his rights if he left for the military?

Asked on November 5, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a couple of different questions:

The first is relocating with your child.  As long as your custody papers do not place an restrictions on your movement with the child, then you can move to anywhere with your child.  If there are no orders in place, you have the child in your possession, and you are a parent of the child-- then you can still move with the child.

Your second question relates to the father's military status.  Joining the military is not a basis for ended a parents rights to a child-- in fact, state and federal laws are in place to give military members extra notice provisions to insure that they can defend their parental rights while they are in the military.

Considering that he is joining and you are considering relocating, it would be cheaper if you could both reach some agreed orders regarding access, visitation and child support.   If you have a constested hearing after he is deployed, you are going to have a harding time getting him served with notice of hearings-- which means more resets and expenses to you.


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