7 months ago I took my ex wife to court because she did not let me see my son unless I gave her 125.00. We got joint physical custody of our son. Now she wants to move to another state and petitioned for sole custody. We went to court because she wanted the order modified, and of course it was denied. She says that she has to continue her life that's understanding but what about the well being of our son which he has gotten more and more attached to me. My question is if she gets an attorney would then the courts give her full custody to move out of state with her boy friend, for whom she broke our family for. Any advise on what I should do

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Originally Posted by henry719

7 months ago i took my ex wife to court because she did not let me see my son unless i gave her 125.00. We got joint physical custody of our son. Now she wants to move to another state and petitioned for sole custody. We went to court because she wanted the order modified, and of course it was denied. She says that she has to continue her life thats understanding but what about the well being of our son which he has gotten more and more attached to me. My question is if she gets an attorney would then the courts give her full custody to move out of state with her boy friend, for whom she broke our family for. Any advise on what i should do

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Have you done something so bad that a judge would take your joint custody away?

Usually the parent that wants to leave the state has to make arrangements for the child to get back to the other parent. But I'm NO Lawyer

My question is why don't you get an attorney to keep her from taking him before she does?

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Originally Posted by need2ask

Have you done something so bad that a judge would take your joint custody away?

Usually the parent that wants to leave the state has to make arrangements for the child to get back to the other parent. But I'm NO Lawyer

My question is why don't you get an attorney to keep her from taking him before she does?

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Yes I'm getting a Lawyer, the funny thing is that she never advised me she was moving so far when the order clearly states the move would only be within 25 miles of each other, and truly she has nothing on me that would grant her sole custody of our son, can't talk to her she just does not understand that is not about her is about our son

Since the courts have already denied her once, its unlikely they would reverse themselves. However, if you go into court against an attorney without your own, you are starting two strikes down. I would never advise someone to go against an attorney on their own.

I would tell her, you would be happy to let her move. But she has to agree to you getting primary custody of your son and you will agree to liberal visitation (alternate holidays, summers, etc.)

If she wants to get on with her life you do not want to stop her, but she will have to do it without primary custody of your son.

Yes, this is how it normally works, she will give you custody of the child and she can move, she is always free to move, she just can not take the child with her.

I want to thank you all for those encouraging response I really appreciate it. I just want my son to be emotionally stable and happy,

Good luck and keep us posted.