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    wchin's Avatar
    wchin Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 20, 2012, 02:38 PM
    Rights to custody
    I have been divorced for 10 years now.my ex-wife and I have 2 boys.we never went to the courts to decide custody rights.we had a verbal agreement to have split custody and let either child stay with mom or dad.The first 5 years I had the 2 boys 3 days a week and she had 4.The last five years my 16 year old boy chose to stay with mom 6 days a week.my 11 year old stays 4 days a week with me and now wants to stay with me instead.we asked the mom about the possible change in schedule and she flipped out.she wants both boys 6 days a week.my 11 year old son is miserable and said will run away from home if he has to live with mom.what rights do I have.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 20, 2012, 04:38 PM
    Before posting on a site like this it pays to browse around a bit and read some of the posts. You originally posted this to another thread. The original poster in that thread made the same mistake posting to someone else's thread. And in that thread was a post informing him of that. Had you read it (as you should have) you would have known to start your own thread. As I have done for you.

    In any case you have the same rights as any father. You made a mistake by not going through the courts to establish primary custody and visitation. So if you and your ex can't agree, then you have to go court to establish custody and visitation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 20, 2012, 09:02 PM
    You have the same rights as you did 10 years ago, To file in court for a court order of custody.

    Also there can be a serious issue of child support in some states, while most do not allow for back support, some do, so if she has had the children slightly more than you, it may be possible ( if you live in one of the few states that allow back support) then you could end up owing 1000's of dollars.

    So you need to talk to an attorney as soon as possible

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