PDA

View Full Version : Trying to bring my son home


howrika
Oct 3, 2011, 02:59 PM
I have a 9 yr old son. We live in Ca. Me and his dad have join legal custody. I have 64% and dad has 36%. I to moved 4 hours away, I do not have a job. After working for 13 yrs with the same company, I quit(stress). My fianc?(C) got promoted and told me just to go live with him and he would support us, also I wasn't going to pay my rent so I did. I left my son with his dad he agree to take care of him till I got everything handle. My fianc?(C) and I found the perfect house and my son has his own room, before me and my boys (I also have a 3 yr old, different not from same dad) were living under one room. I am ready to bring my son home but his dad doesn't want to anymore. The problem I have with his dad is that dad will not agree only because it would probably mean he will have to pay more child support which he doesn't like to do. I really do not care if he pays me child support or not. My question is can I move? Also this is our visitations: Monday 7 am till Friday at 7 am I get our son. Dad gets him Fri 7 am till next Monday at 7 am .Dad get him every weekend except the second weekend of the month, I get him that weekend. I do not want to take custody away from his dad, I am willing to give him summers or my weekend but his dad is just very difficult. Also his dad has not been with our son these few weeks since I moved, my mother is the one taking care of our son not his dad.

I know that I would be a better life for our son in this new city, and I would be able to be there for our son 100% of the time. Before I was always working and struggling to take him or pick him up from school. I just want the best for our son.

JudyKayTee
Oct 3, 2011, 03:03 PM
You need to go back to Court and ask for an amended Court Order concerning child support, custody and visitation due to changed circumstances. Any agreement you make with your son's father is NOT enforceable - you need the Court's input.

howrika
Oct 3, 2011, 03:10 PM
Do I do it in my new county or the county where we have the orders?

ScottGem
Oct 3, 2011, 03:22 PM
The court where the original orders were filed has jurisdiction unless both parents have moved out of that jurisdiction. At that point jurisdiction can be moved to where the child is in residence.