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Custody ??

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Junior Member
What is the name of your state? Washington

My stepson was awarded legal custody of his son in his divorce agreement in the state of Idaho. My stepson served time in jail in Idaho for DUI and he and his ex-wife agreed (verbally, nothing in writing) that their son would live with the ex-wife in Texas during the past year while my stepson served his time and then got himself back together so that he could better care for his son (which he did). The year has passed and my stepson has moved to Washington state. His son is visiting with him in Washington. The ex-wife now says that she wants their son to continue to live with her in Texas and that she wants legal custody. My stepson wants to have their son live with him in Washington in a;ccordance with the verbal agreement they had a year ago. Does my stepson still have legal custody in accordance with the terms of the divorce decree in Idaho? If legal custody were to be changed, would that require her to somhow petition the state of Idaho or does she have some legal claim because she has had physical custody for a year in Texas?


Senior Member
To change it legally- she would have to start the petition in Idaho- he still has legal custody but if the child has lived with her for a year- gone to school there- mom has a good chance of getting physical custody

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