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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My ex-wife got sole custody in divorce agreement, she moved

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My ex-wife got sole custody in divorce agreement, she moved to Colorado. Now we both want my son to live with me Oklahoma. The school will not let me enroll him with out joint custody. How do we do this?

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Eddie.

What you would typically need to file with the court where the order of custody was entered is a "Motion to Modify Custody" so the court will enter an order granting you joint or primary custody of your child, whichever you request in the motion.

Here is a link I located for you which provides sample forms:

You typically need to set a hearing date on the motion so the court will rule on it and enter an order. If the mother does not contest the motion, then you would normally be entitled to a default order granting you joint or primary custody.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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Customer: replied 4 years ago.

How long does it typically take to do this?

If your ex does not file a timely response to the motion, then you can set it for a hearing and request that the court grant the motion. How quickly you can get a hearing typically depends on the court's hearing docket. You could contact the clerk of the court and find out how far out their hearings are scheduled or ask them when you file the motion.