What is the name of your state (only U.S. law)? Texas
I'm hoping someone can shed light on this issue:
I was offered a great spot at a university in another state this fall, scholarship and housing. I only have two semesters to complete. I have full legal custody of my 4.5 yr old son and his mother has visitation. My order says I can take him anywhere but I do of course have to notify the court and his mother. We follow the standard visitation schedule for the state of TX.
I've tried to talk to her about letting me take him until next summer. I've found a great school on the campus for him (better than the one he has here) and overall it would a great temporary change for him. The long-term benefits of my going to school out of state would prove advantageous to me and my abilities to support my son and the opportunities I could afford him. I've offered her in exchange the entire summer and the month of December so that she doesn't lose any of her time. I'm not trying to take him away from her at all...if we worked out summers, technically she'd have the same amount of visitation as she takes per year-- just weeks at a time instead of hours per week. She is not hearing any of it. She's refuses to work with me.
Fine. I can accept that. Its her right regardless of her real reasons for refusing to work with me.
However, I'm wondering if I can leave my son with my wife in the home he's lived most of his life. Will this be acceptable or does she have grounds to go to court for custody? I'm not leaving indefinitely, I am coming back after two semesters. If my son stayed, his mother would continue her visitation as normal. My entire family is here in town also. Would this be acceptable or should I scrap the idea of going to school over there altogether because I could lose my child?
I have full legal custody of him, could I grant temp guardianship to my wife while I'm gone? I realize she's a legal stranger but she's raised him most of his life and our home is his my son's home.
I would have son would stay with wife because mom frequently skips out on visitation and is overall undependable. I have over two years' worth of documentation to prove this. Not petty stuff at all. Real proof she's not full time parent material. This past weekend, she returned him an hour late with no shoes or shirt...(what the h--?
) Hence, I have full legal custody. She has visitation.
Her fighting me on this has little do with our son but that fact that I won't be around anymore for her to harrass and attempt to get back with. (Multiple emails and texts to prove this as well.) I'd have no problem leaving him with her if she was a good parent. Of course, I know legally, those standards in our courts are very low...