My question involves a child custody case from the State of: La.
My estranged husband is currently stationed with the military in North Carolina. I live with our daughter (7 months old) in Louisiana. Louisiana has jurisdiction, an Article 102 divorce was filed, but the divorce is not final yet (one year waiting period not met.) We entered into a Stipulated Agreement filed in Louisiana to set child support and establish custody. Currently, I am the domiciliary parent with joint custody. The visitation set forth in the agreement (order has been signed) is not specific since the father is in a training block that does not allow regular leave.
The father would like the baby to visit him over the Thanksgiving holiday in Philidelphia (where his family is from). His brother is an attorney, so I'm a little hesitant to allow the baby to leave the jurisdiction of our courts. The father is a little unstable in that he rarely sees our child (only 4 visits to date, all of which he ended early), but he claims to want her to live with him and states that he feels she would be better off with him as the custodial parent. Should I allow her to go (from a legal standpoint)? If so, are there any measures I could take to ensure her return if he decides to not bring her back? The fact that he is on a military base in North Carolina further complicates things as that is federal property and only military police can apprehend him on base (I checked with JAG on this, state and city police are not permitted to enter base, all warrents are to go through state police first, then through military channels.) I'm a little worried. Any advice?