Child Custody

questions & answers

Question: Hello, My Ex-Husband is stationed in Germany, he is the Air Force, He is trying to take my kids or the summer, which is fine, but i am afraid that he will not return them, what kind of paperwork would i have to file to guaretee my kids return to me? plz help

Answer: You should not *have* to file anything, assuming that you already have a custody decree previously issued by the Arizona family court that includes a parenting plan that deals with this sort of arrangement. If no such document exists, then it might be wise to work out a *written* amendment to the parenting plan that clearly identifies the children's departure and return dates, indicates who pays the cost of travel, discloses where exactly the children will live while visiting Germany, and provides a telephone access schedule for you. After you negotiate the amendment, draft it using the same case caption and case number that you used for the divorce decree, title it "Rule 69 Agreement," have everyone sign it before a notary public, and then file it with the court. Of course, you will want to ask the clerk to stamp extra copies as "conformed" so you have proof that the settlement was actually filed with the court. As an aside, it probably couldn't hurt to send a copy to your ex-husband's commanding officer, and even ask him what else the military would need from you to ensure the children's safe return. That way, everyone is clear on the rules.

QUESTIONS

  • Hello, My Ex-Husband is stationed in Germany, he is the Air Force, He is trying to take my kids or the summer, which is fine, but i am afraid that he will not return them, what kind of paperwork would i have to file to guaretee my kids return to me? plz help

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