My first suggestion would be that you find out paternity. If the child is not your husband’s then the rest may be not be an issue…I’m afraid I do not know what the “Parentage Aff.” is…
If the child does belong to your husband, then I suggest that you address the move with a revision to your custody/visitation agreement.
My opinion is to make sure it’s something that you can stick to. Please do not agree to cover travel expenses one way if you do not plan to follow through with this.
The Parentage Affidavit is a Court Order he signed that made him the father in the eyes of the law. It placed him on the birth certificate.
In that case, the courts see him as the biological father and a product of your marriage. If you want to dispute that then you will have to ask the attorney what the process of this is.
If you are not disputing then my original suggestion of addressing the move with the custody/visitation stands.
If your ex has acknowledged paternity of the child he still has legal rights to the child even if you learn that it is not his biological child. If you intend to move only a few months after the custody agreement is put into place you should bring it up now, if he contests your move in the future and you can’t prove anything has changed between the time you entered into your original agreement and now, you may run into a a problem when you try to move.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Here is the situation. My Ex is in Iraq, not due to military assignment. He will return home in Dec 2008 and will at that time divorce me. All issues will be resolved at divorce date. One note: I have basically raised the child on my own for he is hardly ever in the country.
Here is my question. After the divorce, there will be a custody/visitation agreement in place. I want to remarry and move to Japan. Should I address the international move in the divorce proceedings or hold off until 60 days before wanting to leave for Japan? Also, the seperated Ex may not be my child’s bio father, he has although signed Parentage Aff. If he isn’t, what role would that play in him not being able to stop me from leaving the country? I know this is crazy…try living it!!!