Posted on Sep 8, 2020
Is there a way to PCS to Korea with a stepson without having full custody?
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I recently came down on orders for Korea, my wife and I want to do an accompanied tour and take her 17 year old son with us. He turns 18 a month after we are supposed to report. She does not have full custody of him, but his father is not a part of his life has not seen or spoken to him in 3 years or so ( he has also not payed child support since then, we don’t care about the money just about having her son with us). I was just told today by family travel that it may be an issue with bringing him until he is 18 since she doesn’t have full custody or any document that states she can take him legally out of the state. Any advice would be helpful. We would rather not have to deal with him if we don’t have to.
Posted in these groups: 
Legal ServicesLegal Officer71D: Legal Specialist
AttorneyCustody Forces Member
Legal ServicesLegal Officer71D: Legal Specialist AttorneyCustody Forces Member
Posted >1 y ago
Responses: 3
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It really depends on what her custody order says. If she doesn't have sole legal or physical custody, until that order is changed, she has to follow it. The other parent could try to make trouble for her. Also usually I have read when, if the child needs a passport, I think the other parent has to approve too but not 100% sure. That's why she should talk to a lawyer.
She really needs to talk to a family law attorney and find out her options. I have sole custody but when I got orders to PCS, since my order said it I went through the court to modify so I could move my daughter with me. I didn't want her dad to be able to use that against me later if I moved without the order modified and he's consistently in and out of jail.
She really needs to talk to a family law attorney and find out her options. I have sole custody but when I got orders to PCS, since my order said it I went through the court to modify so I could move my daughter with me. I didn't want her dad to be able to use that against me later if I moved without the order modified and he's consistently in and out of jail.
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It depends on exactly what the court said. Of course you can always petition to adopt him. Its quite possible the courts will not let him leave the country till he's of age.
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The father would have to agree to allow the child to leave and have to sign for the child to get a passport
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LTC Jason Mackay
Is it possible to simply request a delayed report or to have the SM move ahead and have the family follow on his birthday?
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SFC (Join to see)
LTC Jason Mackay yes but I think the kid has to be in college or high school to remain a dependent and get command sponsorship
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