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I have sole custody of my 11 year old son when I lived in

Resolved Question:

I have sole custody of my 11 year old son when I lived in Texas. My ex provides $300 a month child support and $70 for health insurance. I now live in Kansas and my ex in Oklahoma. My son wants to move to Oklahoma for the school year. How do I legally protect my rights as sole custodian, support my child while staying in Oklahoma to meet support obligations. Can you also choose to put funds into a college fund in lui of support for both parties. Does his father still have an obligation for paying the health care?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 years ago.

Thank you for your question.

 

By virtue of your son moving to Oklahoma to live with the other parent, you may not be entitled to child support for that period of time. As such, that parent may make a motion with the court for you to pay child support for the support of your child while in the custody of the other parent. It is likely that regardless of what occurs, he will have to maintain the health insurance.

 

Additionally, the other parent may have the right to change the status as sole custodian and obtain temporary orders to be able to make custodial decisions for the child. Again, by virtue of the child living with the other parent, the other parent may have right, even if temporarily, as a custodial parent.

 

As long as the child's needs are met, you can decide to put the money in a college fund in lieu of support. However,r this would need to be voluntary because in Kansas parents do not have an obligation to pay for college for children they are financially supporting through child support.

 

 

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

 

Good Luck!

 

Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience: I have a law practice that is largely dedicated to family law matters.
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Customer: replied 6 years ago.
Thank you I planned to support my son while he was staying with his father I just want to ensure that I will get him back after the school year. I do not want to lose my rights as sole custodian. The money was not the primary issue. My ex would love not to work and live off child support from me. I was also unsure of which state law I need to review the one in which the court decided (Texas) my new residence(KS) or the new location of his father(OK) I want to ensure "if" anything comes up I will be prepared. I also asked for a drug test before I let my son leave. He aggreed but I can't do it until Nov 1. I would like to have it on record he can not pass. All I have is written documentation of our convesation date and time that he said he would not. But he agreed to random testing after James is there. This is the hardest thing for a mother to let her son leave because the strong desire of her son is to be with his father. I don't want resentment later on. Thank you again I am just confused to which state I need to go to.

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