I have a daughter from a previous marrage who is 5. My husband and I have a son together as well. We have heard that there is a very big chance that my husband's next duty station will be in Germany. Branch has not put anything in stone, but they have been concidering it for afew months now.
The situation is that my exhusband lives an hour and a half away now. this will be our first PCS move for our family. My daughter's father is the type that will not agree for me to take her with us if we do go to Germany. I am the custodial parent. I am a stay at home mom, so I'm with the kids alot. Her father is only home every other 2 weeks due to his job. but his wife also stays at home with their kids.
Legally, would I have any leg to stand on to try to bring her with us? I cant see myself going if she cant come. 

Or even if someone has been in a situation like this one...how was it handled?

I'd appreciate any feedback.

thanks 

I know my friend had to have her son's father agree and sign a paper to let their son get a passport for her to take him to Germany and when he didnt agree to it her husband went to Germany and her and her son had to stay back in the states her other coice was that she could allow her son to stay with his dad but that wasnt an option for her. Her son was 7. 

I would ask him and if he says no then take him to court. i had a friend that had to do that. they gave her permission to move the child to germany but the child spent the summer with the father and they had to split the airfare cost. 

As missy and Alicia said you need the permission (legal signed document that you can take the child out of the country and get a passport) and your husband will be able to put the child on his orders. If he does not agree you can not leave unless you want to leave your child behind. But I think the JAG can help you with advice and paperwork in this, just contact them and ask. You have nothing to loose, and if they can't help you they will let you know who can and what to do since ii is a military situation.
Good luck and I would talk to your ex-husband too. That way you'll know what he thinks about it and be prepared. 

All above are true. You need permission from the other parent. Put yourself in his shoes.. would you want him to be able to pick up and move to another country without your permission? If he denies it, you will either need to go without him or stay behind. I would sit down and speak with your ex as soon as possible so that if he isn't going to cooperate, maybe your husband can go to his command and try and stop the orders from going through due to the situation. Good luck... thats a tough situation :( 

I plan to speak with my ex as soon as we know that it is the only possibility. I spoke with him before summer began that we may have to move out of this state since my husband has been here for so long, just so he would be prepared. He was anything but understanding. So I don't see him being understanding or rational.
But being that I am around the kids daily and him only being around only 2 weeks out of each month, I am hoping that will help our side of the case. 

If he is a jerk & doesnt agree just take him to court, he won't get custody or be able to keep you from taking the child especially since hes so unstable (never home) and you are a stay at home mom & take care of your children 

We have a friend who went through something similar, only her husband was able to speak to branch, and they didn't send him overseas. Is this possible for your husband to do? I know he spoke with all of his chain of command and every person in a uniform it seemed like, but it eventually worked out for them. 

I would agree with Josie here - although I have not been in that situation so I would never give advise to anyone dealing with this:( You are in a tough place Miss Shay. We have a friend that married a lady who had children from a previous marriage and when they got orders to PCS, her former took her to court and she was given the option of staying in the area or giving up custody, and their orders only moved them out of state. I hope this goes smoothly for you and your family.