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Single Dad going for Custody

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M

mEFFA23

Guest
What is the name of your state? MA.

OK .....here is my situation. What I think may be a absolute win for me may not be, so I am looking for some advice.

I have a 5 year son that is starting school in about a week. My son has lived with me full time throughout the week with weekend visitation at his mom's. The issue is that about 3 years ago the court arrangement stated that she was the custodial parent with visitations to me on every other weekend. Since then she has gradually given me more and more time with my son to the point now that I am raising him. The court order was never changed and we agreed upon this between ourselves. I have brought my son to a counselor so that he better understands the situation between his mom and me, so there is an Independant 3rd party that is fully aware of the situation. his mom and I were never married and the court arrangement is joint legal and sole physical to her. What are my chances of the courts looking to my favor because he has been settled with me. Also, his mom lives in a different town than me and my son's school. He is enrolled n the town of which I live.

Part 2 - If I do gain custody of my son, What are the stipulations of moving to a bordering state with my son if she says she will not agree.

Thanks.......
 


Bre's_mom

Member
I think you have a great chance of getting full custody. So you have had your child for 3 years? And your ex has the child on the weekends. So basically you have been the one to raise this child. Do you pay child support? You can file a modification of the parenting plan. Call the court house and see if there is a self help desk, you can do this without a laywer. Good luck:p ;) :D
 

stealth2

Under the Radar Member
I'd say your chances are really great! What a lucky boy to have a Dad like you! As for the moving - that's usually either addressed in the custody order or by state law. I've seen the gamut from simply having to provide contact info, to having to provide notice (30-60 days) and the NCP has the right to contest the move, to the CP having to petition the court for permission to move. Generally, a court cannot stop you from moving, but can prevent the child from moving with you - but that would require that the NCP was willing to take physical custody.

Good luck.
 

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