If my ex-wife is successful in modifying the custody order to reflect our new circumstances I’m worried that when I do move back to the U.S. that we would have to abide by a modification issued when I lived out of the country.
Could my ex-wife win a child custody modification because I’m temporarily living overseas?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce and child custody laws where I am licensed to practice.
A court may modify a prior child custody decree if it finds that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child.
In your case, it is likely that a change in circumstances has occurred since you are no longer residing in the United States.
Thus, the court would likely find that it is in the best interests of your child to modify the custody decree to accommodate these changes.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.