regain custody

Heather - posted on 03/04/2014 ( 1 mom has responded )

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Hi, im new to this site as of yestersay. Was wondering if anyone had any advice for my situation. I have a 10 year boy from a previous relationship, we were never married. We started out with joint legal and pbysical custody. I movedto a different city 4 years ago and ffiled for full custody. He had a lawyer that I think knew the judge and eventually won full physical custody. We still have joint legal. I plan to move out of stat by the time my 10 year old graduates elementary school which is in two years. I have explained everything to him about if he decides to stay with his father or if he wants to move with us. I didnt make either parents situation look prettier then the others. Now his fatjer is being verbally abusive towards me because of it. Both sides are good parents. He does what he is suppose to as a father except he works all the time and barely sees our son as where I am a stay at home mom with two little children with my present husband. My son has mentioned to me that he does want to live with me and see 8f he likes it full time. He is a very smart kid, always at the top of his class, that is why I talked to him about this. I knew he would be able to understand, mind you I never mentioned anything about custody or court to him. But his fatjer is telling him that he cant live with me and that I need to take him to court for that. I dont think that was appropriate because that is something he doesnt understand and I dont want him to get upset for any reason. Is there any hope for regaining custody.

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Jodi - posted on 03/04/2014

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I doubt he won because he had a lawyer that knew the judge. You actually legally can't just move to another city and THEN file for full custody. Up until that point he had joint custody and you took that away from him. You can't just decide to move, you don't have that right anymore. Only the court can give you permission to move your child out of state. If your move means his father doesn't get his time with his son, then YOU are the one in the wrong.

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