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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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My Ex-wife wishes to give custody to me. I am the non custodial

Resolved Question:

My Ex-wife wishes to give custody to me. I am the non custodial parent. We both have Joint Legal & Physical Custody can I legally obtain custody then file the papers later
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

May I ask exactly how the custodial order is currently worded? What is your percentage of custody?
Customer: replied 3 years ago.
I'm sorry I had to find it for you.

It is in the best intrest of the minor & unemacipated child born of the marriage the petitioner be awarded primary physical custody [and that respondent be awarded physical custody and visitation] per the attached parenting plan. Petitioner and respondent shall be, and hereby is awarded Joint legal custody of the minor and unemancipated Child Michael O'Connor III

Petitioner shall be, and hereby is awarded primary physical custody of the minor and unemancipated child and Respondent shall be awarded temporary physical custody and visitation with the minor and unemancipated child pursant to Exibit 1 incorporated herin.

Absent exigent circumstances as determined by court each party shall notify all other parties in this judgement in writing by certified mail return receipt requested at least 60 days prior to any proposed relocation of the principal residence of the minor.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your patience.

Not a problem, I was not going anywhere.

Based on how the order is written, nothing is keeping from either party from taking the child and keeping them until a new court order is created and signed. You are free to take the child and establish custody (so long as the other party does not contest), and then file for a modification of child custody and child support if needed and request that the courts modify the custody based on where the child currently resides. The reason you can do that is because you still have both physical and legal custody.

Good luck.
Customer: replied 3 years ago.
One last thing is there any form I can have her sign that states her allowing me to take custody of him.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

There is no form, you can simply take the children. To possibly protect yourself, you can write a letter in which she agrees that you have taken the children with her consent and until further notice you will remain the primary custodial parent. Then you can sign, date, and notarize it, just in case she later changes her mind and claims that you kidnapped the children.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38546
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Family Lawyer
38546 Satisfied Customers
I provide family and divorce law advice to my clients in my firm.