child custody

[mieure]

My ex and I have shared our son since he was 4 in the following arragement. One week with me and one week with his father. The divorce document says 50/50 joint and physical custody. Neither of us is named the "custodial" parent. However, it is noted that he does have visitation 50 % of the time. Does that imply that I am the custodial parent? (I did the whole divorce through the mail). Our son is now 11 years old. We reside in California.

 

[usmcfamily]

Is there a specific reason you are asking?? That may help us be a little better able to answer you.

 

[mieure]

Yes. My ex and his wife have bought a house in Texas and plan to move this summer with their 2-yr. old daughter, and her 7 yr. old son from a previous relationship to be next to her family (her parents, sister, etc...). They have told me that they will take me to court if my son wants to go with them. My son of course wants both of his parents. He is confused and is not sure of what he wants to do. I have told them that I will not give them permission to take him out state no matter what my son wants to do. I don't feel he knows what's in his best interest regarding this type of life decision. Basically I'm trying to assess my risk of the actual possibility of losing my son to them. I'm trying to assess what things are in my favor to ultimately prevent this from happening.

 

[LegalBeagle]

Yes. My ex and his wife have bought a house in Texas and plan to move this summer with their 2-yr. old daughter, and her 7 yr. old son from a previous relationship to be next to her family (her parents, sister, etc...). They have told me that they will take me to court if my son wants to go with them. My son of course wants both of his parents. He is confused and is not sure of what he wants to do. I have told them that I will not give them permission to take him out state no matter what my son wants to do. I don't feel he knows what's in his best interest regarding this type of life decision. Basically I'm trying to assess my risk of the actual possibility of losing my son to them. I'm trying to assess what things are in my favor to ultimately prevent this from happening.

I suggest you start saving money for an attorney. Since the move is certain then a petition for custody/move away is coming. I would say your chances are keeping the child in CA is good since the move away parent is always at a slight disadvantage as a major move is always seen as disruption to the childs life.

I suggest you ensure you have a few thousand dollars hidden away ready to get your attorney closer to the date.

However, if you want to act now.. you might be able to. You might want to file for a clarification of the custody, to change visitation based on wanting more stablity for the child, and most important, and this endless talk of moving to Texas by the father is causing MAJOR disruption to the child and you feel it would be best sorted NOW than to spend the next 6 month playing games on who is going to win the child over.. That would be grounds enough to go into court.