Family Law Questions? Ask a Family Lawyer Online.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. What I would recommend is that you file a petition to modify custody. You would need to file it in the state where the child has been for at least the last 6 months Under the UCC JEA. Therefore, if your son has residents in Louisiana, then you will need to file this modification in Louisiana. I believe that if you do a modification, you could cite that the father has gone months without seeing his son and add his reasons for not letting you move or not in the child's best interest. The more that you can focus in on the health, welfare, and education of the child and how moving may be better for the child and how you plan on not cutting off the father's rights, but just doing your best to be able to help your son then you will put yourself in a better situation.
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