Filed cfor divorce but not final we have 50/50 custody of son but I have him most of time what will happen if I move out of state
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Filed cfor divorce but not final we have 50/50 custody of son but I have him most of time what will happen if I move out of state
You can get into a lot of trouble for interfering with your soon-to-be-ex's custody. You say you have "50/50 custody" but that you have your son most of the time; I assume this means that you share joint legal custody but you have primary physical custody - is that correct?Quote:
Originally Posted by startat56
How long ago did you file? When do you anticipate the divorce will be finalized? What are your grounds for wanting to move?
Final in court on 11/30/10 but wife has no job losing her house and is on welfare always asking for money and when its her time for the child she always has excuse. She into elegal drugs and just had an abortion what can I do?
The abortion is none of your business and has no bearing on this case - the same goes for her home being foreclosed and her being on welfare.Quote:
Originally Posted by startat56
When was the last time she saw your son? Does she have a criminal history? Can you prove that she is abusing drugs?
Again, what are your grounds for wanting to move out of state?
I want to move out of state as i have my son most of the time when she has him he is allowed to stay up all hours of night. Lets him watch south park and anything else plus he stays inside play video games. She has all kinds of teenagers in her house all hours of day and night.the last time he was there he had streph trought and was on medication that i paid for and also had to take him to the doctor, she never gave him his medication because he wouldn't take it she said but i have no problem. I picked him up at 5pm and he hadnot had medicine all day or breakfeast or lunch. So this is just a little bit to tell up yes i can prove she;s on drugs and she keeps it on he stand in the beadroom she shares with my son because she will not let him sleep by himself at 4 yr old , so what do i do. He's a completely different boy when she's not around.
First of all, you can stop typing in CAPS lock - that's the equivalent of shouting.Quote:
Originally Posted by startat56
You don't like your ex's parenting - that's not grounds to uproot your child from his familiar surroundings. Where are you planning on moving to? Do you have family and a stable job there? Where will he go to school?
What are you doing in her bedroom that you are aware of what she does/doesn't keep on her nightstand? And just saying "I saw drugs in her house" isn't proof that she's abusing drugs. What type of drugs are they - illegal, prescription?
I understand your frustration - it doesn't sound as if your ex is the best parent in the world. However, the courts look at it from a non-biased point of view. In the court's eyes, children need both parents. Even if you were granted permission to move, the courts could very well give your ex physical custody for the summer. If things are as bad as you say, I'd be frightened to have my child in those conditions for three months at a time. You need to consider what you're up against.
If you're trying to cut her out of his life that substantially, you're going to need something more concrete than allegations of drug abuse. My husband's ex accused him of physically abusing me in an attempt to get their children back - not true to any degree, but my point is that people will lie in court, especially when it comes to their children.
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