Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Typically, judges will only change custody where there has been a material change in circumstances. If it's possible to continue the parenting schedule you had before even after he moved, you can argue that the move is not material and that the judge shouldn't even consider the other factors. Also, you can make an estoppel argument - the father PREVENTED you from moving to New Jersey with your child because he wouldn't get to see him as much, so it's not fair for him to turn around and do the same thing to you.
After that, the judge wants to hear what's in the best interests of your son. You can use the doctor's evidence to refute that he's missing school for no reason. Your son can testify as to his relationship with you and his sister and tell the judge where he wants to live. You can talk about the IEP and how it's currently working out for him. You can talk about the difficulty of making friends in a new area if your son is a child who has trouble with that. You can talk about your relationship with your son. Really, you're looking to show that he's happy, healthy, and well-cared for and that he would not benefit from a custody change. If the father thinks that all your son needs to be happy is money, he's welcome to pay additional child support so you can give your son the same life he could. The better parent isn't necessarily the RICHER parent (and often isn't).
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