Hi,
My husband and his ex wife currently share custody of his 11 year old son. The family moved to our current town in June 2004 - ex told my husband that she was not coming on the day the U Haul pulled away. She left her son - then 7 and his 2 other chrildren she helped raise for 8 years on that day.

In their divorce, they agreed to share custody. For the first year the son lived with Dad full time - Mom visiting & paying child support voluntarily

Over the last 2+ years they have been sharing custody 50/50 week on/week off, holidays, etc. Mom wants to move 2 hours away to a friend's house (the same friend she left the family for) and wants to take the son full time.

Father has provided a stable home and job for 10+ years to family - mom's been moving around, but staying close by and does participate in son's life.

Can dad prevent full-time custody for mom?

Teachers have reached out to me (I'm the scholar in our house) stating that "whatever the living arrangement you have with his mom is not working out, the child needs a single stable home". The reason they've said this is because of the typical "child playing the 2 parents" and not telling either the entire story.

Mom is very affectionate, and not very structured. We provide structure and value-building.

Would like opinions on our situation and next steps. Based on anyone's experience here, will Dad have a chance for full custody if mom pushes for full custody in another town?

Thanks

When he had the children full time, he needed them to go and ask for the court order to be modified, but that is water under the bridge now.

She can ask, will judge approve, most likely not, but you may have to bring teachers in as witness, and show all of what you just said, with proof of all of this in court.

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Originally Posted by Kitty75

Hi,
My husband and his ex wife currently share custody of his 11 year old son. The family moved to our current town in June 2004 - ex told my husband that she was not coming on the day the U Haul pulled away. She left her son - then 7 and his 2 other chrildren she helped raise for 8 years on that day.

In their divorce, they agreed to share custody. For the first year the son lived with Dad full time - Mom visiting & paying child support voluntarily

Over the last 2+ years they have been sharing custody 50/50 week on/week off, holidays, etc. Mom wants to move 2 hours away to a friend's house (the same friend she left the family for) and wants to take the son full time.

Father has provided a stable home and job for 10+ years to family - mom's been moving around, but staying close by and does participate in son's life.

Can dad prevent full-time custody for mom?

Teachers have reached out to me (i'm the scholar in our house) stating that "whatever the living arrangement you have with his mom is not working out, the child needs a single stable home". The reason they've said this is because of the typical "child playing the 2 parents" and not telling either the entire story.

Mom is very affectionate, and not very structured. We provide structure and value-building.

Would like opinions on our situation and next steps. Based on anyone's experience here, will Dad have a chance for full custody if mom pushes for full custody in another town?

Thanks

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Thank you Fr_Chuck for your reply. Sounds like court will most likely happen. Does any of the mother's previous actions have weight?

One other thing - the 11 year old - does he have a choice? We believe he would certainly choose mom, but has been clear that he prefers 50/50.

If I read the post correctly, it will be necessary to modify the previous custody and child support order. If I were in your husband's shoes, I would want to file first and be the one asking to keep the child in his current surroundings.