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Military Ex PCSing to Japan and wants the kids to visit?


My ex is being restationed to Japan for 3 years. He is taking me to court to lower his child support and to take our three children with him for the summer's that he is there. The children do not want to go with him to Japan and I have offered him other options to visit with the children that cost less than plane tickets for four people round trip to Japan. His basis for lowering the child support is because of the high cost of airfare to Japan. I have hired an attorney, but that is costing me alot of money that I just don't have. What are the odds of him getting the child support lowered and taking the children to Japan for their whole summer break. He won't be able to spend time with them and his wife will be the main one watching them. There are issues with his capablities as a parent. I worry that the children will get sick and he won't take proper care of them, this has been an issue in the past ear infections and skin infections that he left untreated.

Kids are adament that they not go to Japan. Their so called father only gets them when he wants to now. He has skipped visits with them to go on a cruise to the Bahamas, he has skipped visits because he has had to work(supposedly). The majority of the time he has them they do nothing with him. They stay in their rooms and play with thier dolls or play video games. That is not the experiance I want them to have in Japan. He also has not given me a number to reach him at his home here I can imagin he will do the same when he is there. I am paying a lawyer a lot of money to try to make sure he does not take the kids to Japan. He was offered three visits during the year that were split up and would cost him less than flying the kids to Japan. Knowing all this what do you think the odds are. Also about the child support he is an E6 with 11 years in and my gross income is 2509$ per month.

Actually he has a good chance of winning. He may not get them for the complete summer break, but he will probably get them for at least one month. The courts will recognize that he does NOT have a choice in where he is going to be living, and it is NOT a combat zone. The fact that his current wife will be providing the care for the children while your husband is at work, is also NOT a issue with the courts. You will have to prove him unfit as a parent which is also next to impossible to do. As a father he has every right to spend time with his children, and you don't have to like it. Be thankful that he does. As far as the child support goes, it is very UNLIKELY that the courts will lower it. You will still have to maintain the main home for the children, even if they are going to be gone for the summer. Hope this has helped you.
EDIT: Even after your new post, the answers are still going to be the same. It isn't up to you or the children of if they spend time with the father, it is up to him, UNLESS you can prove him unfit. Courts HAVE to grant him visitation by law. You just can NOT tell a father that he does NOT have those rights. Your reasons are good reasons but NOT valid ones. If your attorney has told you differently then you might want to consult with different attorneys. As it stands, with the information you have given us, the father will win this case.

There is a good chance he would win that. He will be required to pay for the plane tickets for the summers though. I doubt they would lower the child support but yes a judge would probably have his kids visit him during the summers.

I doubt that a judge would allow him to take the children out of the country if you object. Child support is usually based on income so if his income is lower than before, child support may be reconsidered.

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