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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102373
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We had a DYFS case and when that case closed my sons father

Customer Question

We had a DYFS case and when that case closed my sons father was issued costodial ship and we have joint custody but I actually have my son more. How do I become the custodial parent now because our son is starting preschool and I would like him to go to the program that he started in but his father will not allow him to go full time.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What someone in your situation wants to do is to file for modification for custody. You can see step by step instructions on how to do this along with a copy of the pleading HERE. Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
Would I be able to become the custodial parent?
Expert:  Ely replied 1 year ago.

This depends on the Judge. You would have to show that your modification request is:

1) in the best interest of the child, and
2) comes due to a substantial change in circumstance since the last order from the Court per custody, and this change makes your request relevant.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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