My question involves a child custody case from the State of: WA.
Hi, I'd really appreciate opinions on my situation.
I have been de facto separated from my husband for almost 7 years now. We have a 9 year old son for who I have been fully responsible, physically and financially, since our separation except for irregular visitation on his part. We are both citizens of Denmark (I am US dual national, he has green card), but our son was born in the US so is a dual citizen.
I have been trying to work with my (on-paper-only) husband to move forward on our divorce by agreement for over a year now, but he has been putting obstacles in the way (there is jealousy involved here as I now have a relationship with a man back in Denmark). The recent situation that has developed is that I want to move back to Denmark. Obviously to be with my partner, but there are several other good reasons also that I will not bore you with.
What I'd like to know right now is whether I can relocate if no divorce has been filed and there is no custody order.
(I am confused about the situation because I was told by a local lawyer earlier this year that my husband could not stop me travelling to Denmark with my son for a vacation. Other lawyers confirmed on Avvo that this was correct. (At that point I had no intention of relocating but he was threatening to stop me even traveling). But then after I returned to the US my husband told me that he could have filed a court case to get me to return if he had wanted to. Then, when I told the lawyer this -- the same lawyer that had told me earlier in the year that I could travel -- he said that yes, my husband could have forced me to return. Something maybe he could have mentioned before the trip, right?)
The situation is time-sensitive as I have been told that if I file for divorce here in the US it will take at least a year to sort out the relocation issues. But it would be important for my son socially and academically to begin school in the fall of 2018, rather than joining in the middle of the school year. I really want to relocate next summer. I would still hope to get his father's consent, but I want to gather information for all scenarios and this would of course affect whether I file for divorce (contended).
I would very much appreciate your opinions on this, thank you so much.
Hi, I'd really appreciate opinions on my situation.
I have been de facto separated from my husband for almost 7 years now. We have a 9 year old son for who I have been fully responsible, physically and financially, since our separation except for irregular visitation on his part. We are both citizens of Denmark (I am US dual national, he has green card), but our son was born in the US so is a dual citizen.
I have been trying to work with my (on-paper-only) husband to move forward on our divorce by agreement for over a year now, but he has been putting obstacles in the way (there is jealousy involved here as I now have a relationship with a man back in Denmark). The recent situation that has developed is that I want to move back to Denmark. Obviously to be with my partner, but there are several other good reasons also that I will not bore you with.
What I'd like to know right now is whether I can relocate if no divorce has been filed and there is no custody order.
(I am confused about the situation because I was told by a local lawyer earlier this year that my husband could not stop me travelling to Denmark with my son for a vacation. Other lawyers confirmed on Avvo that this was correct. (At that point I had no intention of relocating but he was threatening to stop me even traveling). But then after I returned to the US my husband told me that he could have filed a court case to get me to return if he had wanted to. Then, when I told the lawyer this -- the same lawyer that had told me earlier in the year that I could travel -- he said that yes, my husband could have forced me to return. Something maybe he could have mentioned before the trip, right?)
The situation is time-sensitive as I have been told that if I file for divorce here in the US it will take at least a year to sort out the relocation issues. But it would be important for my son socially and academically to begin school in the fall of 2018, rather than joining in the middle of the school year. I really want to relocate next summer. I would still hope to get his father's consent, but I want to gather information for all scenarios and this would of course affect whether I file for divorce (contended).
I would very much appreciate your opinions on this, thank you so much.
Relocation: Separated, No Child Custody Order, Can I Move Back to Home Country
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