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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5169
Experience:  Licensed to practice before state and federal court
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I have custody of my son my ex has visition, he has visiting

Customer Question

I have custody of my son my ex has visition, he has visiting on weekends. However, he still would go months without seeing him. I was losing my place he gave me permission to leave the state to return home with my family. Now he's upset, and is threatening to call the cops and tell them I kidnapped my son. I'm over 2000 miles away what should i do?
JA: Family law varies by state. What state are you in?
Customer: I'm in Louisiana he's in Massachusetts
JA: Have you talked to a lawyer yet?
Customer: I had one in Massachusetts but she is giving me advice to return
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just long history of dv
Submitted: 2 months ago.
Category: Family Law
Expert:  Legal Eagle replied 2 months ago.

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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