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Someone please help with a family court question?
My ex-wife and I have a 7 year old son together, she Was also married before and has a older boy with her ex witch he has custody of him. He just got a ok from the courts to move to Arizona, we live in minnesota. The judge told her if she wants to she can go there and make sure he has a stable living environment there, so she wants to leave for 2 months and take our son with. He is in school and I don't really approve of her taking him for that long, she says "too bad". Is there anything I can do or should I just let it go?
My second question is. She says its in the back of her head that she might want to move there, now this one I definitely don't approve of. He has his grandparents here from my family and hers, I live here and his sister from my marriage currently lives here, I have a good paying job, I see him every day, I consider myself a great father. The only thing she has in arizona is her other son and her brother. Do you think she would win in court to get to take him to live there?
She gave up custody on her other son, she said she could not handle it. She did not give me custody because at the time she gave her other son up is when we were breaking up, I don't know but I think it was a thing where she just did it for spite. I do not put her down and she is pretty good to our son. She is just irresponsible. She quits her job alot and seems to always find a new one, but she has had 2 appartments witch she has lost because of doing that so now she is with her mom.
3 Answers
- Over and OverLv 51 decade agoFavorite Answer
you have just as many rights to that child as she does, and if she takes him out of state without your approval you can charge her with kidnapping and it will be easier to get custody of the child. Taking the child on vacation during school is very irresponsible of her, and the courts will look down on her for it.
I am also thinking that if she does not have custody of her 1st child, there's a good chance you can get custody of the 2nd child. You can fight with the argument that everything the child knows is here and would be ridiculous to rip that away from him.
- donotbuyakiaLv 61 decade ago
I seriously doubt that a judge would even offer an opinion on whether she can go check out a living arrangement of her ex. That just isn't done. I think you should file for a change of custody, without bringing Arizona into it. Just point out her instability with living arrangements and the problems it has caused. Point out that you want a more stable living situation for your son. Once she gets him to Arizona, you will have to go there to change custody.
- Anonymous1 decade ago
Out of all that you didnt indicate the most impt factor which is who actually has custody of your son. If you have joint/shared (whatever it is called in your state) then no, she cannot take the child without your consent. If she is the custodial parent, yes she can. Shared custody means each parent has equal decision making power. Primary custody with one parent means they are the primary decision maker.
If she is primary custodian, your only way to stop her is by taking it back to court for the judge to make a determination of custody.
Very sad situation - good luck to you all :)
