custody HELLP!

Cindy - posted on 05/30/2013 ( 9 moms have responded )

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MY ex and I divorced in 09. in 2010 he asked if he could live with him. I agreed since my son would be going to the local school that i was familiar with and my other children also attended. although we only live less than a mile apart I am outside of this particular school district. throughout the last year I noticed my son would come to me unhappy to return for the school week when i ask what the problem was he informed me that he didn't have a bedroom or a pillow. I spoke with my ex and told him that once the school year ended we would just revert back to the original order. (i am the home parent or custodial parent and he is non cusodial). during this time we have also been agreeing on what is spent on him with the child support payments i recieve. a month ago my ex spoke to me regarding taking my son out of state to live with his new fiance. I told him no and today i recieved a modification of custody on the grounds that he's been living with him. our order states that the he cannot take him out of the county and it also states that as the home parent i have the right to choose were he would live. keeping in mind i only let him stay there because of the school. what are my chances that a judge would reverse the custody order? in additon he checked a box that states he is concerned about the health and well being of my son..... i have always picked him up every weekend and during the week for dinner, i've recently got laid off but have no problem maintaining my household. I have two other children whom i'm supporting and have never been involved in any illegal activities.. does he have any grounds here? PLEASE HELP ANYBODY...my mind is going crazy

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Kimberley - posted on 06/01/2013

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I am a parent who has full custody and has won the right to move out of the state. This was not easy. He would have to show the judge that the move would not interupt your visitation and that there is a great need to move. Family ties are important too. Judges will usually only grant relocation if it is for employment reasons. Even so, he can't say that he has been offered a job 1000 miles away at around the same pay if he has steady employment here. Judge would never grant that. I only won my case because their dad was not exercising his visitation. He will not win relocation, but he has a case for primary custody. You should definitely retain an atty.

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Cindy - posted on 06/02/2013

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THANKS MOMS! JUST SPOKE WITH A LAWYER:

I hired a lawyer who said my case was bascially a slam dunk and the Judges in my district don't favor taking a child out of state and also don't favor changing custody if there is no abuse or neglect on the custodial parents part. Likely won't go to court for months and months to come. My ex has already left the state and although i'm sad he will not play an active role in his life. I'm relieved that the threats will stop as he has been threatening to kidnap him while he was here. he also stated that my current custody arrangement allows me as the custodial parent g 100% right to let him live anywhere he wants including with his father which is rare and odd. He said that my custody papers were do it yourself (handwritten) and very restrictive to him so I lucked out. (eventhough no one really wins with these situations) also the fact that my son failed kindergarten shows that he was not getting the care he needed while with dad is a big issue.

Mary - posted on 06/01/2013

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share your child..show the court that you are willing to share and you will get half

Dove - posted on 05/30/2013

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He's been living with his father (mainly) since 2010? In that case, your ex probably has an excellent case for custody... But judges also tend to not like to disrupt the children's lives, so with him moving out of state... YOU might have a good case for custody. The best thing I can tell you is get a good lawyer and good luck.

Cindy - posted on 05/30/2013

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i always given him the child support money during the weeks hes.had.him. also i have him for dinner after school 3 days a week each weekend and summers. me now only reason i agreed to let.him stay there conveinience of the better school system

Jodi - posted on 05/30/2013

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Status quo has a lot of bearing. And at the moment, the status quo is that he is living with his father during the week, which gives his father primary custody, even if that isn't stated on your current orders. So it is certainly possible the judge would allow it. But it does depend on where you live, and yous son's best interests will be considered.

Can I ask why he has to pay YOU child support?

Cindy - posted on 05/30/2013

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your entirely right however he is requesting full custody in order to take him out of state where thiere is no other family

♫ Shawnn ♪♫♫ - posted on 05/30/2013

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He has just as much right to custody as you do, Cindy, and it is entirely possible that a judge would modify a custody order if one parent is moving out of state.

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