Questions about Custody

Lorena - posted on 05/09/2015 ( 3 moms have responded )

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My best friend has a 4 year old son who she shares 50/50 custody with his father. He has been to jail, uses drugs and comes in and out of the picture when he wants. In the past year she's moved 3 times, always found a job within days of moving. For the past 10 months she has not been in contact with his father. Their son would visit the fathers parents (his grandparents) and they have no idea where he is or any contact information. Out of the blue the father called in a rage becuase she filed taxes and used her son. All he wanted was money, did not ask how his son was doing nothing. She just recently moved to New Mexico with out telling anyone. not even the father because she couldn't get a hold of him and was too scared to try. What can she do to get full custody of her son? Can she? Will she get introuble for leaving the state?

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Jodi - posted on 05/09/2015

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She could very well get in trouble for moving to another state without either the permission of the father or permission of the court, and especially if she didn't give her contact details to anyone, therefore deliberately cutting the father's family off. If she has a 50/50 custody agreement, she can't just decide that dad is worthless and has no rights, because the court has said he DOES have rights.

If your friend is genuinely concerned about the situation and wants to change the custody situation, she needs to talk to a lawyer and possibly go back to court to have the orders changed. As it stands, by not complying with the order she currently has, she is actually breaking the law and could be held in contempt.

Sarah - posted on 05/09/2015

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She can go to jail for leaving the state without notifying the father. If she made a good faith effort to contact him; posting in the newspaper, then she should be fine. If the father really is no good, then she needs to present that evident in front of a judge. No mother can just decide to cut a father out of the picture. Especially in 50/50 cusoday was awarded in the past.

Dove - posted on 05/09/2015

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if they have 50/50 custody... she can not move w/out either the father's permission or the court's. He could likely charge her w/ parental alienation and get himself full custody because of her actions.

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