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  1. #1
    Join Date
    Feb 2010
    Location
    Shelbyville, KY
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    90

    Default Child Custody Whan a New Spouse is in the Military

    This isn't an actual situation, just something that crossed my mind earlier.

    If a custodial parent were to get remarried to someone in the military, and that person be stationed outside the state in which the non-custodial parent lives, how would that affect child visitation and child support?

    Also, how would a custodial parent move outside the state if desired (no military involvement)? I wasn't sure if they would need a court order allowing them to do so with the child, permission from the non-custodial parent, or both.

    Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Just Out of Curiousity

    Quote Quoting ealexdixon
    View Post
    This isn't an actual situation, just something that crossed my mind earlier.

    If a custodial parent were to get remarried to someone in the military, and that person be stationed outside the state in which the non-custodial parent lives, how would that affect child visitation and child support?

    Also, how would a custodial parent move outside the state if desired (no military involvement)? I wasn't sure if they would need a court order allowing them to do so with the child, permission from the non-custodial parent, or both.

    Thanks!
    Unless their current orders address relocation, in either situation the CP would generally need permission from either the court, or the NCP. While the courts are more likely to allow military relocations, there's never a guarantee - the CP would generally need to show that the NCP's parenting time would not be adversely affected (or at the very least, be willing to pay for all transport costs relating to visitation and provide a decent long-distance parenting plan).

    Child support wouldn't be an issue - CP moving away doesn't mean NCP should be paying more or less unless the CS order involves a State where parenting time IS a factor in deciding CS.

  3. #3
    Join Date
    Feb 2010
    Location
    Shelbyville, KY
    Posts
    90

    Default Re: Just Out of Curiousity

    Gotcha. Makes sense. Thanks.

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