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Reverse Child Custody

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ROCKACHAW

Junior Member
I reside in the state of Mississippi. My ex wife has full legal custody and we have joint physical custody of our six year old daughter. We divorced when our daughter was nearly three years old. I would have my daughter every weekend (Friday-Sunday), but always wanted to spend more time with her. Ten months ago, my ex called and said she was going through some tough times and was divorcing her fourth husband. In her own words, she stated that it would be more stable if our daughter came to live with my girlfriend and I. I was thrilled. I enrolled her in school in our city where she has excelled and was accepted into the gifted program. She has established a happy life here. My ex moved to our town a few months later to escape her troubles where she was living. She has visitation with our daughter on weekends. We had a minor argument two days ago, and yesterday she said that she was taking my daughter back to the coast (five hours away). She is dead set on doing this. What can I do to get custody and relieve my worries about my daughter being taken five hours away?
 


MichaCA

Senior Member
Go to court. What would have been best is when child came to live with you FT you had filed a modification of the custody/visitation orders with the court. Now you got to backtrack. Mom has full legal custody.

However, even if she still had the pre-existing schedule, does not give her grounds to just move far away. She should be notifying you in written form...google up your state's family law statutes on moveaway laws. After you receiving the writing her intent to move the children, you have the right to object/one of you takes it to court.

I would go find an attorney, today, file some papers that hold the children in their prospective status quo until the case can be heard, a date will be set for that...a judge will hear both sides.
 

ROCKACHAW

Junior Member
hindsight

Ten months ago, I should have contacted an attorney when she stated, "It is best for her to live with you right now. It is not stable here and she needs a stable environment." However, I did not and I should have made the move when the ball was in my court.
 

MichaCA

Senior Member
I think you need to find an attorney. They will know which papers to file. Perhaps someone here will have online links to paperwork.

Also, many courthouses have some kind of free legal help (not attorneys)...a free self help workshop - we have a family law facilitator (an attorney) that one can meet with as a one-time deal who helps people draft a motion.

Start calling attorneys and just go down to your local family law court house...look around, ask questions. Clerks can not help you with filing...but you can see what services they offer and get moving forward.
 

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