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    chelo15's Avatar
    chelo15 Posts: 1, Reputation: 1
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    #1

    Nov 5, 2010, 08:34 AM
    My 11 yrs Son wants to live with me (Dad)
    Hello... Don't know were to turn but I guess I'll start here. I have a 13 years old daugther and a 11 years old son, they live with their mother,my son wants to live with me and his mother refuses to let him come over, I'm in the military and curently live about 1000 miles away from them so I don't get to spend a lot of time with due to distance, work conflict, or kids summer camps or other activities, my ex-wife blame me for not spending enoughf time with my son, don't know what to do, I want to bring my son with me but his mother won't let him... please advise.
    ghsfightclub's Avatar
    ghsfightclub Posts: 1, Reputation: 0
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    #2

    Nov 13, 2010, 11:33 AM
    Well I'm afraid if she was granted full costody, he has no option until he's 16-years-old, you and the son can request a vesitation mmeting in a coartroom, to try to convince a judge that the child living with you is a better idea, and would be better, overall, for him. Or you can just kiss the X-wifes *** until she lets you see him on weekends, or take him for like a week at a time. I really hope this helped; Thank you for serving the united states of america, and I hope everything works out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 13, 2010, 12:49 PM
    Quote Originally Posted by chelo15 View Post
    Hello.... Dont know were to turn but I guess I'll start here. I have a 13 years old daugther and a 11 years old son, they live with their mother,my son wants to live with me and his mother refuses to let him come over, I'm in the military and curently live about 1000 miles away from them so I dont get to spend a lot of time with due to distance, work conflict, or kids summer camps or other activities, my ex-wife blame me for not spending enoughf time with my son, dont know what to do, I want to bring my son with me but his mother wont let him......please advise.
    Your divorce decree should, and probably does, provide for custody and visitation. Is your ex wife abiding by those terms?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 13, 2010, 01:33 PM

    If you want your son to come live with you, you will have to file a motion in court asking for the court to grant you custody with her having just visitation. You son may be allowed to testify.

    As to other visits, it is not up to her when and how you visit, you get to visit according to the terms of the court ordered visits.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 13, 2010, 01:56 PM
    Quote Originally Posted by Fr_Chuck View Post
    ...
    As to other visits, it is not up to her when and how you visit, you get to visit according to the terms of the court ordered visits.
    Yes. Unfortunately sometimes the divorce decree simply provides for "reasonable visitation", thus essentially giving the custodial parent discretion to determine what is "reasonable". I should have asked OP: what does it actually provide?

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