FL NCD needs advice mom moving to Japan for 4 yrs

[jazz]

I'm trying to find information for my husband regarding how to stop his son's mother from moving his son to Japan for 4 years.  Son is 14 and lives with mother in WA state.  Father/Mother never married.  Paternity confirmed when son was 4 1/2.  Mother had moved to KY before paternity was established.  Father has never had chance to bond with son, because of distance and mother's screening/restricting phone calls and emails.  Mother has moved several times, Dad has always had 4-5 weeks summer vistation, 1 week at Christmas and Spring Break -every year until recently when mother decided to enforce custody agreement and only let dad have spring break every other year.  Mother moved son from KY to WA state last year -dad lives in FL so this caused son to have 8 hour flights, more costly and took 2 days off dad's vistation. KY flights were non-stop 2 hr flights.  My husband received a certified letter requesting that he sign permission for son to get a visa, when he called the 800 number, he got someone in Air Force in WA (mother married guy in Air Force last year) they told him mother/step dad moving to Japan for 4 years.  We are concerned about the effect this will have on son as he will be entering high school and wouldn't be back in the states until he was 18, dad would miss all hs years with his son. The mother has done everything in her power to alienate son, blocking calls, telling son dad never wanted him, only sees him because court said so, etc.  Mother even enrolled son in school under step dad's last name, not legal name.  she enters step dad's phone number in son's cell phone as dad - but not his birth father. this guy has only been in son's life less than 2 yrs.   Mother has lived in public housing (now living on base), refused to work and has a 4 yr degree (also started a masters program) but last known job was cashier in commissary.  Father pays child support monthly and also pays medical/dental insurance and costs.  My husband and I have been married for 12 years raised my 2 children in same home (honor students, one junior in college, other college graduate).  My husband has lived in the same county for 30 years.  We have a very stable home life.  Is it possible to keep mother from moving out of country with son or even to get custody?  How would we go about doing this?  we have an attorney and he will be seeking to block, but I want to make sure we are doing everything legally within our power to keep his son in the US or with us permanently.    It is already difficult with the cost of airfare and time difference to have contact, any advice anyone could offer would be greatly appreciated.

[Kitty C.]

The biggest roadblock you can throw in front of them is to refuse permission for the child's visa/passport.  BOTH parents have to sign for it, but it wouldn't surprise me if the BM would try to forge your name.  So if you've already been in contact with the Air Force, tell them you refuse permission, because the BM doesn't have the legal authority to move the child out of the country...........this is on the summation that there is no allowance for international move-aways in the custody order.  And since you're also dealing with the military, she would be in serious legal trouble if she tried to forge, considering the Air Force is behind this move.  If you get a suspicion that she has, contact the Air Force again, telling them they are involved in an illegal passport clearance.

Otherwise, your husband will have to file a petition in the court of jurisdiction that the current order is written.  He will need to ask the court to refuse the mother the right to move the child out of the country.  If he does file, you better include the mother's actions of enrolling the child under a false name, mainly the step-dad's.

Get an atty...............you're gonna need it.