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Cowgirl Lawyer
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Category: Family Law
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Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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My ex-husband and I divorced over 4 years ago. We ...

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My ex-husband and I divorced over 4 years ago. We maintained joint legal custody, but I aggreed to allow our son to move back to KY for the school year because this is where both my parents and my ex''s family live. I thought it would be better to have a lot of extended family support around my son. My son has spent the last 4, going on 5, summers with myself and my new husband without any problems. However I just found out that my ex has been leaving our 8 year old son alone at home at times, and that he lied to me about when his school year was over so that he could send my son to NV with me one week early, missing the last week of school. I realize that the last few years have set precedent, but what do you think my chances are of getting our custody aggreement reversed so that I would have him in during the school year? And which state would I have to file in? My ex is not receptive to the idea so I know it would have to take place in court.

If your joint custody agreement and order specifically state that your son will live with your ex-husband during the school year and you during the summer, then you will have to return to court to modify the custody arrangement. If you merely orally agreed to allow your son to live with your ex-husband throughout the school year, and the custody agreement and order do not state this, then you may not have to go back to court.

However, you may want to pursue this in court anyway, to alter the court order concerning custody. You would file locally. You have several very significant changes in circumstances that are worrisome, and which could impact on your child's safety and well-being:

1) A child of 8 years of age is not old enough to be left alone without any adult supervision.

2) An ex-con who has lost parental rights to his own children is not a fit housemate for your child, and could potentially pose a risk to your child, from a safety perspective as well as from a role-model perspective, as to what is "normal".

3) A child should attend school, and taking a child out of school a week early is a very bad sign of how seriously your ex is treating your son's education.

You would be best served by retaining a family law attorney locally, now, while you have physical custody of your son. It is possible that once an attorney is involved, your ex will not fight a change in where your son spends the majority of his year. But be ready for a fight if it becomes necessary.

Good luck to you!

Please ACCEPT. Positive feedback and bonuses are appreciated!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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