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Both parents (never married) share legal custody of our child but I have physical custody(court documented). I was not "allowed" to take my son with my to another state without the other parents permission. I had no choice but to leave for a better life and left him with his grandmother (fathers mother) so i wouldn't be charged with kidnapping. How do I win my case to try and move him with me now that the grandmother told her son to take our son because she got tired of him not doing his part as a father, so she told him to see if he can handle it by himself - need legal advice!!!

2006-10-10 15:11:53 · 3 answers · asked by Jeffry 1 in Politics & Government Law & Ethics

3 answers

Unfortunately you have an uphill battle in front of you. The father could claim that you abandoned your son. While this may or may not be the case you are the one who left for a "better life". The argument could be made that a better life for you means that you were placing your needs in front of your child. A better option would have been to place a petition with the courts before you left the state requesting permission to leave due to financial hardship. This may or may not have been granted but at least it would show that you made an attempt to include your son in your new life. You need to hire a lawyer and you will find that this will be a costly fight for you. My recommendation would be to contact the childs father and try to work out an agreement with him at shared custody, ie. three months with him three months with you. In any event, courts never look fondly at a parent who up and leaves no matter what the reason.

2006-10-10 15:27:33 · answer #1 · answered by Anonymous · 0 0

Wow. That's a bummer. You should have asked before you left. Right now the father can say you abandoned him. Good luck with that.

2006-10-10 16:51:28 · answer #2 · answered by bettyboop 6 · 0 0

If you value your son. Get Legal advice from a proper lawer.

2006-10-10 15:19:00 · answer #3 · answered by ? 6 · 0 0

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