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    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #1

    Jun 12, 2009, 02:49 PM
    Custody Clarification
    My son I had in high school and I have had sole physical and legal custody since he was born, of course, this has never been done through the courts. I am not / was not ever married to the father, there is child support enforced because I was on the medical card when my son was born but I have neven since then collected any state aid but they still enforce the child support and monitor all payments.

    For the approximately the last two years, my son has spent every other Th, F, Sa and Su night at his father's house and starting at the end of summer he will also have alternating W during the week that he doesn't have our son, who is now 12.

    Going forward since nothing has ever really been written pertaining to custody, although it is clear I have full custody, what process would I need to do in order to move from the state for my partner's job transfer? I would violate visitation, but the visitation is at my discresion currently... suggestions? My ex will not be happy with the move and I have had my share of court should the job transfer happen... I need my ducks in a row. Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 12, 2009, 02:56 PM

    For child support to have been ordered there must have been some hearing and the father must have been declared the legal father. That wopuld mean, that absent an court agreement awarding you full legal custody, he would have joint legal custody.

    If the visitation agreement was NOT ordered by a court it might allow you to move. However, since a visitation is obviously in place and the father can prove that he has maintained a consistent and frequent relationship with his son, then I think he could get a court to block the move.

    I think its time for an attorney.

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