QUESTION

I also have a daughter from previous marriage I have primary custody of her, what are my chances that judge will let us to relocate to Germany?

Asked on Jan 21st, 2013 on Child Custody - Delaware
More details to this question:
My husband is German citizen, he came to US and we got married. Two months ago, I had our baby.
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5 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is impossible to answer your question without additional details. If you have sole legal custody of your other child and you're from Michigan, generally you would be allowed to leave with a child, however normally the courts will ask you to make arrangements for parenting time with the other parent and also contribute to the cost of transportation. If you share legal custody it is much more difficult to get the permission of the court to move internationally or interstate.
Answered on Jan 24th, 2013 at 8:07 PM

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You should read the terms of the existing order. If it contains a residence restriction, you need to file a modification suit and ask the court for permission to move. If there is no residence restriction, you don't need to ask for permission; however, there is probably a notification requirement in the order and after you provide notice of your intent to move your ex may file suit to keep the child here.
Answered on Jan 24th, 2013 at 7:08 PM

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Dennis P. Mikko
There are many factors to consider when asking a court to allow you relocate to Germany. First, what relationship does your daughter have with her father. If there were a relocation, how would it affect that relationship. If her father has appreciable parenting time and a close relationship, moving may be more difficult. Another consideration is how would the proposed move improve or provide the chance to improve the life of you and your daughter. Also, if you were allowed to move, how would her father have parenting time. Answers to these questions would allow for a more accurate answer as to the chances of a court allowing the move. You should consult with a local attorney who could make a better analysis based on the practices of the local court.
Answered on Jan 24th, 2013 at 7:02 PM

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Depends on the custodial arrangement. File in court for a move away.
Answered on Jan 24th, 2013 at 7:01 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Need to file a motion with Court and it's up to the Judge.
Answered on Jan 24th, 2013 at 6:58 PM

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