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JennyDebus · Jan 31, 2012, 06:52 PM

Good day, my husband established residential custody of my stepson 5 years ago (court papers where issued in NY). We moved to Colorado my stepson being with us for 4 years.
The parents have joint custody so when it came to my stepson having therapy sessions she said she will not agree to it unless she gets to see and try for herself. She is now married and lives in a more stable home so we tried to act in my ss best interest. We verbally agreed to send him to her for 6-12 months (she lives in TN). 12 months are now up and she is planning on going to her lawyer to get the court papers changed so that she has residential custody. Since the issues with my ss are still happening though they did get better in her eyes,(he is 8 of age) we do not agree with this at all. Now we do not know what to do. Could we just go there to pick him up since my husband has residential custody? What can we do so he gets to come home? Would it hurt us (by TN law) that he lived with her for 12 months if she where to go to court? I hope someone is able to help fast, she is planning on getting the paperwork started tomorrow. I am sure our court papers over rule verbal agreements. This entire year went fine, we got along so great and now this.

Fr_Chuck · Jan 31, 2012, 09:58 PM

Most likely the police will no do anything to force them to give the child back. You will need to file in court to order her to return the child.

Yes the fact you let the child live there for a year will hurt things some But also, during that year has she still paid child support to you ( or to your husband) since if the child support order was not changed, it does not matter where the child lives, the support order is suppose to be paid.

But your husband should go and file in court before she does.

Fr_Chuck · Jan 31, 2012, 09:58 PM

Most likely the police will no do anything to force them to give the child back. You will need to file in court to order her to return the child.

Yes the fact you let the child live there for a year will hurt things some But also, during that year has she still paid child support to you ( or to your husband) since if the child support order was not changed, it does not matter where the child lives, the support order is suppose to be paid.

But your husband should go and file in court before she does.

JennyDebus · Jan 31, 2012, 10:14 PM

In the 5 years she has not paid anything besides $150 for his medication when it got very tight. Spoke to the lawyer already whom said to pick him up since my husband has the residential custody. Thank you tons for answering!