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-   -   I want to move back home with son, but ex is fighting it! Can they make me stay here? (https://www.askmehelpdesk.com/showthread.php?t=685401)

  • Jul 21, 2012, 12:20 PM
    kelrw
    I want to move back home with son, but ex is fighting it! Can they make me stay here?
    Me and my ex has joint legal custody of our 6 yr. old son. I have physical custody and he has always been with me. We have a very strong bond. My ex has every other weekend visitation. So it's approx. 48 days a year. I have no family here and struggling here to provide for my kid's. I want to go home to AZ where I have a mom, dad, sisters, job and house waiting for me. I tried to come up with a agreement with ex and offered him 60 days in the summer and every other Christmas vacation and every other spring break. He still want's to be disagreeable. Can they and will they make me stay here in a town with no family and not much of a future?
  • Jul 21, 2012, 12:22 PM
    kelrw
    Quote:
    Originally Posted by kelrw View Post
    Me and my ex has joint legal custody of our 6 yr. old son. I have physical custody and he has always been with me. We have a very strong bond. My ex has every other weekend visitation. So it's approx. 48 days a year. I have no family here and struggling here to provide for my kid's. I want to go home to AZ where I have a mom, dad, sisters, job and house waiting for me. I tried to come up with a agreement with ex and offered him 60 days in the summer and every other Christmas vacation and every other spring break. He still want's to be disagreeable. Can they and will they make me stay here in a town with no family and not much of a future?
    I forgot to add that we currently live in Modesto CA.
  • Jul 21, 2012, 12:58 PM
    ScottGem
    No they cannot make you stay. However, they CAN make your son stay. Apparently the father is active in his son's life. The court ordered the custody/visitation that is in place. Unless he agrees to a change, you cannot do anything that would prevent him from exercising his court ordered visitation.

    If you can convince the court that moving is in the best interest of your son, it might modify visitation.
  • Jul 21, 2012, 12:58 PM
    ScottGem
    No they cannot make you stay. However, they CAN make your son stay. Apparently the father is active in his son's life. The court ordered the custody/visitation that is in place. Unless he agrees to a change, you cannot do anything that would prevent him from exercising his court ordered visitation.

    If you can convince the court that moving is in the best interest of your son, it might modify visitation.

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