child custody and divorce where parties live in different states
Question:
Hello Jim, I work with many clients that live in one State and who's ex's have moved their children to another state after a divorce. This puts my client at a disadvantage for visitation and for adjusting the child support since Attorneys are licensed by State. Does an organization, database or reciprocal agreement exist that allows a Veteran to address family court issues such as child support and visitation across State lines?
Jim's Reply:
I'm not aware of any such organization, database or reciprocal agreement that allows a veteran to address family court issues such as child support and visitation across state lines...other than the family court itself.
What you're asking for is an entity that exactly duplicates the services the family court has already provided.
I don't think this arrangement places a veteran at any particular disadvantage since this is the same circumstance that face all divorcing couples with children and the family court addresses this routinely.
You are correct that if a child is allowed to relocate by an order of the original court of jurisdiction and then later on the non-custodial parent wishes to hire an attorney to seek modifications to child support the non-custodial parent will have to seek representation in that arena. But that won't necessarily cost any more to hire an attorney in the state where the children are than it would to hire a similar attorney in the original state. Litigants are often allowed to make telephone appearances in family court and no travel costs are incurred so I don't see a problem.
Veterans are civilians. Marriage and divorce are all civilian concepts that have nothing at all to do with veteran status or military service. The original family court of the divorce usually forbids children to be moved out of state without permission of the court and in theory the court only gives that permission for specific reasons.
When the original court approves the children to move across state lines with the primary custodial parent the other parent may feel at a disadvantage but the fact is that this is the way this is done, presumably for the good of the children...always the primary focus of the family court.
Your client in this instance is afforded the opportunity within the structure of the family court to argue that the children shouldn't be allowed to leave their original jurisdiction and so on...exactly what you're asking for.
When we enter military service one of the first things we hear from some random drill sergeant is, "If the military had wanted you to have a family they'd have issued you one." Family matters are not military matters. Veterans are civilians and we are not entitled to receive special treatment, privileges or benefits in every circumstance of life. The divorce court has all the answers you're asking for.