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I have shared custody with my sons father in Delaware. The

 
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  • Answered by:LawHelpNow
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I have shared custody with my son's father in Delaware. The father has moved to another state and wants full custody of our son. Is this possible.

 

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State/Country of Question: Delaware

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I just got served papers today 08/09/09. My ex-husband did not inform me of his move to another state (MD) which is two hours away. The custody is a modification of the one we already have with the courts. He is living with his fiancee.

Submitted: 1017 days and 5 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  LawHelpNow replied 1017 days and 4 hours ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with family law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. It is technically possible, although this would require some extraordinary showing on the part of the father. In other words, he would have to convince the Court that some truly convincing grounds exist to overcome the Delaware statutory presumption in favor of the standard visitation order. Absent some truly serious showing of something like your unfitness or some other material grounds, he will stand an exceptionally slim chance of obtaining a modification. One the Court can make the ultimate determination, but the father will bear the burden of proof and will face a very much uphill battle in litigating the case.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Expert:  LawHelpNow replied 1017 days and 4 hours ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with family law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. It is technically possible, although this would require some extraordinary showing on the part of the father. In other words, he would have to convince the Court that some truly convincing grounds exist to overcome the Delaware statutory presumption in favor of the standard visitation order. Absent some truly serious showing of something like your unfitness or some other material grounds, he will stand an exceptionally slim chance of obtaining a modification. One the Court can make the ultimate determination, but the father will bear the burden of proof and will face a very much uphill battle in litigating the case.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Expert TypeAttorney/Lawyer
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Answered: 8/9/2009

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