How to go about getting full custody

[Cheyenne Busack]

My current state is South Dakota
I am moving to montana at the end of May and I want to take my son with me and put him in school in montana because my son's dad couldn't get him to school during the week when he had him so he missed alot of school days, due to his father's lack of responsibility. And I just want to know what my first step should be in trying to get full custody.

 

[Just Blue]

I am moving to montana at the end of May and I want to take my son with me and put him in school in montana because my son's dad couldn't get him to school during the week when he had him so he missed alot of school days, due to his father's lack of responsibility. And I just want to know what my first step should be in trying to get full custody.

1. What state?
2. Why do you have to move to Montana in order for YOU to get your child to school?
3. Why do you believe that full custody will allow you to move your child out of state?
4. What is the court ordered custody arrangement?

 

[stealth2]

My current state is South Dakota
I am moving to montana at the end of May and I want to take my son with me and put him in school in montana because my son's dad couldn't get him to school during the week when he had him so he missed alot of school days, due to his father's lack of responsibility. And I just want to know what my first step should be in trying to get full custody.

The state currently holding jurisdiction is important - not where you want to move. First and foremost, you will need to follow your court orders and or state laws regarding notice to Dad and/or the court regarding your proposed relocation of the child.

 

[Cheyenne Busack]

1.My state is South Dakota
2.I am moving to montana to be closer to other family, and I to take my son because his dad can't get ever seem to get him to school when he stays with him.
3. I want full custody because I can't trust his dad to get him to kindergarten every day when he starts, because he's already shown he can't get him to head start.
4.its joint shared custody

 

[Zigner]

1.My state is South Dakota

Should we assume that is where the custody order originated?

2.I am moving to montana to be closer to other family, and I to take my son because his dad can't get ever seem to get him to school when he stays with him.

He's not in "school".

3. I want full custody because I can't trust his dad to get him to kindergarten every day when he starts, because he's already shown he can't get him to head start.

There is no legal requirement for the child to attend head start.

4.its joint shared custody

Then you will need to follow your state's laws regarding notice of relocation, etc. This was pointed out above.

 

[Just Blue]

1.My state is South Dakota
2.I am moving to montana to be closer to other family, and I to take my son because his dad can't get ever seem to get him to school when he stays with him.
3. I want full custody because I can't trust his dad to get him to kindergarten every day when he starts, because he's already shown he can't get him to head start.
4.its joint shared custody

Unless your child is 6 then nothing your ex has done would be cause for a change in custody.


https://statelaws.findlaw.com/south-dakota-law/south-dakota-compulsory-education-laws.html

 

[stealth2]

I hope that you realize that, even if the court grants you sole physical custody (and I really doubt that will happen) , Dad is allowed to file against the child's relocation (and may well prevail). As I don't believe attendance at Head Start is legally mandated, Dad is under no obligation to take the child on his time - on time or at all.

If I were in your shoes, I'd be speaking with a lawyer. In SD.

 

[t74]

Your child's primary family are you and his dad. No one else matters as much as dad. You need to be prepared to live with the custody and visitation you are proposing.

 

[stealth2]

In addition to t74's points, be aware that, *should* you be allowed to relocate the child, *you* will most likely be responsible for travel expenses associated with Dad's parenting time. You can also expect to lose at least every other holiday, plus Dad will have significant extended time over the summer.