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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Last year my son and s dad and stepmom had a lot of issues

Customer Question

last year my son and his dad and stepmom had a lot of issues and problems. it ended up being a $30,000 on my side alone court drama with my 16 year old claiming abuse charges against his dad & step mom- really the lawyer for my x turned it into a circus
which was surprising because my x is a federal agent that was up for review at the time- I also have a 19 year old that was going to back up all the claims of the 16 year old. Anyways- I ended up dropping all the abuse charges and we settled with my son living
with me full time and I got full time child support- that is all that happened. However the agreement stood that the original shared parental responsibilities still stands from our divorce -so the father still has the same custody he was just verbally told
by the judge not to exercise it until the kid wanted it. the father on his filed with that new admentment that I have the kid 365 days and zero overnights for him. He filed that - not me and not the judge. my alomost now 17 year old has long since made up
with the dad & stepmom and they are togethter whenever they want which is weekly for outings-dinners, church etc. but the dad wont take my son overnight. it was his own rule. problem is I have a lot of financial issues and I have taken a job out of state to
fix them. I had to sell my house for a loss and I am getting ready to move out in a few weeks- my now 17 year old has better than ever relationship with the dad and step mom- and the 17 year wants to live with the dad. They don't know I am moving out of state
yet - but for the last 6 months the 17 year old as been requesting to live with his dad. the dad wont let my son stay there overnight- I need to move - my son does want to change schools- they fixed the relationship and never spent time apart after the case
of last year- my son is 11th grade and the dad lives in walking distance to the school. and has a big house and plenty of money-the wording in the amendment specifically states that we have the same custoday. Like I said the dad filed the no overnight clause.
So now I want to leave the area and relocate in a desparate situation and my son doesn't want to come and although the dad and son don't know I am nmoving yet (there are many reasons for that) and 19 year old is moving with me and my son has been violent to
her and they cant live together - my 19 year had to move out last year because of my son. So if I don't have sole custoday- I tried to get it last year- my x fought that - so why I am stuck with the 17 year that doesn't not want to live me anyways anymore
and my x gets to turn his kid away?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

I am sorry, this was typed in the wrong thread. Please ignore. This is not an answer; and your question remains open to other experts. No need to reply or rate at this time.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry for the confusion, our system has bugs they have not fixed yet.

Unfortunately, you are in a tough situation here. You have been given full physical custody with him having visitation rights still and shared legal custody. If the father refuses to take the child overnight, then you need to get the father's consent for you to move with the child (regardless of what the child really may want). If the father refuses to consent to you leaving state and refuses to take the child back into his home overnight, then you have an issue that has to be taken to the court, because only the court can resolve this.

The court can resolve this in limited ways. If the father refuses to take the child into his home overnight and refuses to let you move out of state, the court would generally order that you can move WITH the child. The court cannot make the father take the child overnights based on the original issue. The court can make you keep the child, the court can potentially even emancipate the minor if they find the minor could support themselves.

The only other option you have is to find someone locally to grant guardianship to if you do not want to keep the child with you and the father does not want the child.

Unfortunately, these are your only legal options, since even if the 17 year old wants to live with the father, if the father will not allow it, he cannot make the father take him.