I currently have shared legal custody and primary physical custody for my minor (9yrs old). Her father is married to a DOS employee and is requesting sole physical custody to include my daughter in his wife's orders to travel overseas. My concern is: Do i need to give up my physical custody for her to travel and live with them during the school year? can we keep shared physical custody with a new visitation order that clarifies she will live with him during the school calendar year and with me during vacations?
the dos documents 14FAM 510 page 6 of 35 "EFM" does not indicate the parent taking the minor must have sole physical custody, instead it states "permanent legal guardianship or comparable permanent custody"
You need a court approved agreement describing the child's situation of being allowed to live with either parent and or travel to visit either one. This will allow her to travel to post with one parent and use the travel of children of separated parents allowance to travel to where the other parent is assigned. Such a trip will be funded by the Department once a year. If either of you is at an R&R post, you may be able to use the R&R travel for another trip. The child cannot be listed as a dependent on two different separated parents' orders. A shared custody order should do it, with some description of what the parents have agreed to. This is not an unusual situation.
P.S. Edited for typo - it's where the other parent (not other child) is assigned.