Ask Your Family Law Question. Family Law Experts Answer You ASAP.

(Not a Family Law Question?)

My husband is doing government contracting overseas ...
Sent to Family Law Experts July 04 12:37 AM

My husband is doing government contracting overseas and I have been able to see my step-daughter while he is gone. She is usually here when he comes home for leave. His ex-wife married someone in 2003 and did not divorce him. She has just married someone else and he got orders to move to Hawaii (we live in NC). There never was a custody agreement. Is there anyway that we can keep her from leaving the state of NC?

 

Optional Information:
Jacksonville, North Carolina

Customer (name blocked for privacy)
Answer
July 4 12:43 AM (6 minutes and 12 seconds later)
         
ACCEPTEDCheck Mark

Your husband would have to retain an attorney to start a custody action an establish his rights. Then, assuming that the attorney was able to convince the court that both you and your husband have a substantial parent-child relationship with your stepdaughter, the court might refuse to permit the move.

It really comes down to the consistency of the existing relationship. Moreover, we're talking about HAWAII here. If this girl is older than 11, you probably won't be able to stop her from leaving unless the judge orders a ball and chain.

Seriously, though, without your husband maintaining a continuous relationship with the child, it may be very difficult to stop the move.




Please CLICK HERE for IMPORTANT LEGAL INFORMATION before you continue this conversation.
Reply
July 4 12:49 AM (6 minutes and 12 seconds later)
         
Reply to socrateaser's Post: Well he has definitely maintained a continuous relationship with her. She was waiting until the last minute to tell us that she is leaving. I just thought that if we had no other angle to keep her here in this state, that we could use the bigamy factor to our advantage. My husband is overseas and is working with a lawyer to see what can be done, if anything.
Answer
July 4 1:19 AM (29 minutes and 45 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

Just Answer! > Family Law Advice