Joint Custody Question

[fburke]

What is the name of your state? Massachusetts

My ex is having complications from surgery she had a few months back. She will be in the hospital of an undermined amount of time.

When I asked her about my son staying with me until she gets better she got very defensive and said he would be staying with a “friend of hers”.

We have Joint Custody with her having physical. I am under the understanding if for some reason she is unable to care for him I am the next responsible person not a friend of hers that she delegates.

I not looking to turn this into custody battle but I do want my son with me…his Dad, at least until she figures out what is wrong with her….

If this does turn into a long term thing with a possible job loss for her, could I go and get custody reversed easily? If he’s with me for any length of time how does that affect child support?


One more thing…when I have my son on my weekends he usually sleeps on the couch because I only have 2 bedrooms in my house and I have my 2 year old in the other bedroom and there isn’t enough room for another bed, she has been giving me some heat about this. Does she have any legal argument about this? My wife and I will be looking for a new house hopefully midsummer once the sale of my company is complete so I hope this is only a temporary thing.

I do have a small room I use for an office, I could put a bed in but it’s an inside room with no windows and very small I don’t think it considered a “legal” bedroom. I think she would have a worse reaction putting him in this room then the couch.

 

[BelizeBreeze]

Put a small bed in your office for your son to use.

Then tell the ex that if she cannot indicate to you that her hospital stay will be a short one, that your son will stay with you until such time as she is able to care for him herself.

If she gives you any lip, file for temporary custody of the minor child.

 

[bononos]

What is the name of your state? Massachusetts

My ex is having complications from surgery she had a few months back. She will be in the hospital of an undermined amount of time.

When I asked her about my son staying with me until she gets better she got very defensive and said he would be staying with a “friend of hers”.

We have Joint Custody with her having physical. I am under the understanding if for some reason she is unable to care for him I am the next responsible person not a friend of hers that she delegates.

I not looking to turn this into custody battle but I do want my son with me…his Dad, at least until she figures out what is wrong with her….

If this does turn into a long term thing with a possible job loss for her, could I go and get custody reversed easily? If he’s with me for any length of time how does that affect child support?


One more thing…when I have my son on my weekends he usually sleeps on the couch because I only have 2 bedrooms in my house and I have my 2 year old in the other bedroom and there isn’t enough room for another bed, she has been giving me some heat about this. Does she have any legal argument about this? My wife and I will be looking for a new house hopefully midsummer once the sale of my company is complete so I hope this is only a temporary thing.

I do have a small room I use for an office, I could put a bed in but it’s an inside room with no windows and very small I don’t think it considered a “legal” bedroom. I think she would have a worse reaction putting him in this room then the couch.

Put the bed in, decorate it to his liking, and create a "fake" window. Either by paint, or even use some cheap wood and paint, make a window that looks real, paint the "window glass" blue with some clouds. Make sure there are some good lights and lamps.
Your not required to do this, but it would be nice for him to have his own space.

Is there ROFR in your CO?

If not, maybe give it a week or two and see what happens before jumping into filing.

Should it seem to be a long term issue, file for temp. residential custody. Suggest times you can bring kiddo to see mom too!

 

[fburke]

I have no intention of keeping him from his mom or any of her family we have always had very loose guidelines on this no matter what the divorce papers said. Actually we live next door…) long story..lol)

She’s always accusing me of being bad father even though he’s over all the time we do Cub Scouts and all sorts of things, she never handled the fact that I have remarried and have another child so in her eyes I do more for my other son even though I go out of my way to be as fair as I can my son is HER only child, Now when I want to do what right she’s getting all territorial on me. I thinks she’s afraid of loosing her check (she gets a good amount) I will only look into changing the child support if this did turn into something long term.

 

[casa]

I have no intention of keeping him from his mom or any of her family we have always had very loose guidelines on this no matter what the divorce papers said. Actually we live next door…) long story..lol)

She’s always accusing me of being bad father even though he’s over all the time we do Cub Scouts and all sorts of things, she never handled the fact that I have remarried and have another child so in her eyes I do more for my other son even though I go out of my way to be as fair as I can my son is HER only child, Now when I want to do what right she’s getting all territorial on me. I thinks she’s afraid of loosing her check (she gets a good amount) I will only look into changing the child support if this did turn into something long term.

Even though she has Physical Custody...I'm assuming you have Joint Legal Correct? Either way, demand to know where your son is and go get him. Tell her he will stay with you until she is released. Then wait. If this turns out to be a major medical issue then you can file to change physical custody. (Child support could be handled then).

If Mom fights you, file in court for temporary custody- demand to know your child's whereabouts & ask the courts assistance in having him returned to you. (or simply do not return him next visitation).