QUESTION
If I go into the military will the visitation agreement for the parents of the father still be in place?
Asked on Jun 22nd, 2020 on Family Law - Texas
More details to this question:
The father of my child has a history of being abusive towards me while pregnant and after birth I have videos of him freaking out and pictures of bruises he left on me. Him and his parents have tried to sue me for our child for no actual reason 1 year ago. They once again brought me to court explaining to me two different stories why, I don’t understand why his parents couldn’t just ask to set up a schedule without a lawyer and now all they do is threaten me with reopening the case. The father is in the military for the next 4 years and signed his visitation over for the remaining temporary service if I go into the military like I planned before the baby will the visitation agreement still be in place?
1 ANSWER
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Whether you can enlist in the military (and relocate your child) without permission of the court depends on what your current order says. If the order contains a geographic restriction, you can relocate your child outside of the geographic area if the the father agrees in writing or the court signs a new order. If the order does not contain a geographic restriction, you can relocate your child without going back to court for a modification. Depending on the specific facts of your case, it seems likely a court would allow you to enlist and relocate with your child. This would be a fact specific inquiry by the judge and you may need an attorney representing you to present your case to a successful result. If you do hire one, you should look for one with significant military experience to help you present the military issues.
Answered on Jun 25th, 2020 at 7:32 AM