What are my rights since my husband is military?
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What are my rights since my husband is military?
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I have a two year old daughter and just recently got married to a Marine. My daughters biological father lives here in florida where I also reside. He currently gets visitation on the weekends and I have her through the week. I dont receive any child support from her biological father.
My husband is currently stationed in Iraq for a year long deployment. He is expected to be coming back home in January of 2010. I wish to move up to NC, where he will be stationed when he returns back to the states, this december. My husband and I plan on staying in NC only for the remainder of his enlistment, which is only a year and half. We then plan on moving back here to florida. My daughters biological father has informed me that he will not let our daughter live anywhere else but here. He thinks I will be hurting my daughter by moving her to a different state. I need help. I cannot afford a lawyer at this point at time. How hard would it be to defend my case and get permission through the courts to move up to NC for a year and half to be with my husband and daughter? I have tried working with the father in making a mutual agreement but he refuses. Her father also has another daughter by another woman. He also only gets his other daughter on the weekends. Would this have a huge affect on winning my case. My intentions are not to ruin the relationship between my daughter and her father. I recognize that we are both good parents. Financially, my husband and I are able to supprt her better than her father would be able to. And we would provide a much more stable life. If I cannot go to NC, my husband and I will not be able to afford to residences. What do I do. I am so lost and time is running out for me to get things done.
Additional Details
Please let me say this. My concern is not about my marriage. How it happened or how fast is not the issue I am having. Now, there are currently no courts involved in my situation. In the beginning the father was allowed more time than he has now, but that was his choice to only have her on the weekends, and work wasnt the excuse. Now when he does have my daughter, she is sent over to his parents house for over nights every weekend. Does my daughter need to be involved with her father yes. But when it comes to the welfare of my child, she is better left with me. I was asking for help from a legal stand point. Thank you for your opinions though.
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Coach C
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If you have full legal custody - and a court ordered custody arrangement - you should be able to file a simple document with the court requesting permission to move your daughter due to your husband's career.
If you don't have a court ordered custody arrangement go to your legal assistance office and they should be able to help you with the paperwork to establish one. Otherwise the child's father may initiate something and then you're on the defensive. |
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patron on ice
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your going to have to get a lawyer and go through the courts because the father does have visitation. so legally he has the right to see his child and im guessing there are things in your case from when you got the visitation changed about what would happen if either of you moved. so look at the stuff from the first case when visitation was set up.
and no him having another kid isnt going to affect the decision. |
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ubu
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You can ask for a public defender to represent you. You will have to go to court to get the ok to move if it is in your divorce. My ex wife moved out of state and did not notify me. You should be allowed to move. He will fight you on the visitation............ |
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♥HisBabygirl?♥
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Your child needs her father more then you need to be with your man. Think this through her eyes instead of your needs.
If you married a better choice then your childs father he will be waiting for you after a year goes by like you are sitting waiting for him. |
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Nurse Lady/ USMC Wifey
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Only thing I can tell you is to talk to legal on base... they're gonna be the best ones to talk to.
Good luck :) |
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sweetie
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Ok while your now a military spouse so you can let the military take care of that stuff. You can talk to legal or your husband can and help you to know how to go about getting the court to allow you to take your daughter and move out of the state to be with your husband. If they will normally help you to fill out the paper work needed and help you to know what to do when your court date comes up. Good luck! |
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luvnhatelife
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Don't you work? Because you had to afford a place of your own before you met your husband. Therefore you can afford a place of your own to continue to live in Fla, until your husband moves to Fla.
This is the problem with being married into the military. You don't always get to spend time with your husband. Or be living where he is stationed.
Remember, if the military wanted a solider/marine to have a family, they would have issued him one.
I an also curious how this marine is your husband. If you live in Fla, he is stationed in NC and currently in Iraq.
From the sounds of it, this marriage was something quick. You have no idea what you got yourself into...when it deals with a military life. |
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