I would like to move out of state but have questions about custody of 5 year old. I would like to accept a very promising job offer, however it is in Wisconsin, and I live in California. I have a five year old son who does have a relationship with his father, however, I am very worried that his father's alcoholism is going to have a negative affect in the future. We don't have any custody agreement in place, and my son has been in my care since he was born with and has had arranged visitiations with his father. His father doesn't have his own place, he lives with his mother, and smokes a lot of pot, and of course drinks a lot (he's had 3 DUIs), and has no license. If I tell him I'm moving, and he doens't like it, what can he do to keep me here, and can I use his drinking and other habits to fight for full physical and legal custody? I don't want to start a big fight, but can I go even if he doesn't approve of the move? Should I file for full custody after I leave or before?
2007-07-15 10:23:46 · 6 answers · asked by AnswerWhore 2 in Family & Relationships ➔ Family
Talk to a lawyer-
You need to have some sort of custody agreement established.
2007-07-15 10:41:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I would say take the job offer! Congrats! Yes, there are ways to get complete physical custody of your child, which I think would be a wise idea, given the situation with his father. He doesn't sound like a good role model. And even if you have complete physical custody and parental control (you make decisions without input from the father), your son would still be able to see his dad under circumstances that you set forth in the legal documents. You will have to consult a lawyer (or legal aid) to help with this, and there are probably rules about it. If you start a procedure and leave the state before everything is finalized, you may be accused of kidnapping, so you may have to wait and start the proceedings after you move to WI, only a lawyer can help you with all the details (different in each state).
2007-07-15 10:43:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Gofor full custody now and also petition the Judge for the courts permission to relocate to another state since you probably wont obtain it from the father. If not then dad could have you charged with parental kidnapping across state lines to avoid custody hearing. You wont be able to file for custody in the new state til you meet the states residency requirement which is usually 6months so file now while you can and explain what you wrote above to the Judge. Just be careful about any accusations you make against dad unless you have solid evidence to back it up or any good reliable witnesses. The courts hate hearsay and it could work against you. Once you obtain custody then explain why you want to move, showing how this move would be in your sons best interest and if needbe how youd satisfy dads visitation rights. This sounds a little hard but not impossible and this is what the courts will want today. So now it comes down to just how bad you want your son and this move. Good luck
2007-07-15 10:49:45 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
Get a lawyer to handle this. That is the only way that you can do that. If his father drinks a lot, and you don't want it to affect your son the file for full custody until his father gets help for this drinking. One day it could get out of hand and he could hurt your son. Get a lawyer and file for full custody stating the reason why you think it is in the child's best interest to be with you instead of his father. He doesn't seem to be able to handle taking care of your son, and it seems to be in your son's best interest to be with you where he has a better life that he can live. Lawyer is the best way.
2007-07-15 10:48:36 · answer #4 · answered by iloveyou6 2 · 0⤊ 0⤋
Ok seems to me that your in this relationship a little to much, your son is old enough to make his own decisions. Also your saying she had sex with him the first night meeting him. Which means your son had sex with HER the first night meeting her. Don't just blame the girl eventhough that's your "baby" he's a grown man. She's young she's bound to make stupid decisions, she's not your responsibility and the fact that "no one" wants her may be the reason for these outbursts. So instead of pushing her away and trying to get her away from your son, try being kinder to her and place yourself in her shoes for a day, also try telling her to be safer cause asking a stranger for money and using his phone is not a really smart thing to do. Don't call the cops, and be one of those petty mothers.
2016-05-18 03:59:49 · answer #5 · answered by luella 3 · 0⤊ 0⤋
Talk to a lawyer about it.
2007-07-15 10:38:41 · answer #6 · answered by Klingon 6 · 0⤊ 0⤋