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Ex just got married and bought a house
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This might be lenghty but im sorry. My ex and I have Joint Physical Custody. I have lived in my town for 3 years, and my son is in first grade in my town. During Pre school and kindergarten and 1st grade I have coached all of his sports and am very involved in his life. Right now my ex and i split him 50 50 during the week and it works out great.
She is now moving 40 minutes away and is telling me she wants our son to go to school where she and her new husband live.
I have been down this road before since she was engaged before and wanted to pull our son out of kindergarten. that relationship fell apart.
let me also add I have been with the same women for 6 years, married for 3 and our son has a little brother who is almost two.
do i have a chance here???
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googledad
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(Carpal \'Tunnel)
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02/26/08 01:26 PM
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Re: Ex just got married and bought a house
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Where do you live ? are the custody/vistation arrangements informal or legal ?
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Re: Ex just got married and bought a house
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I live in NJ and everything is legal. Joint Residential/Physical Custody. Ex has son on Mon and Tues I have him on Wed and Thur and we alternate fri, sat, sun. I coach all of his sports, very involved in town, does ccd in town and summer camp.
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googledad
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(Carpal \'Tunnel)
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02/26/08 04:02 PM
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Re: Ex just got married and bought a house
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First you need to find out what her terms will be , how will visitation be handled , who'll provide transportation , etc . , if her offer isn't appealing you'll have to decide on wether or not to pursue legal action . Her wish to move could be considered a significant change in circumstances to revisit custody issues . If you seek to oppose relocation , she would need to prove it ( the move ) is in the best interest of the child and that satisfactory arrangements for parenting time with you are available . Personally , I think you may be in the " in driver's seat " for primary custody for reasons of stability .
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Re: Ex just got married and bought a house
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I appreciate the time you took to answer. Not only is he in school this spilt arrangement has been in effect for over 5 years and her move "to me" clearly did not take that into consideration. She can't just sign him up for school without my permissions can she?
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googledad
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(Carpal \'Tunnel)
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02/26/08 04:28 PM
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Re: Ex just got married and bought a house
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Yes , she can . You'll probably have to file a petition to keep him in his current school . How is she proposing to handle visitation ?
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Re: Ex just got married and bought a house
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I think she not be able to move out of the school district if she wants to see her son 50/50 40 minutes is to far to have a child in school travel every day. She should make the sacrafice and stay close. If her new husband got a new job, Im sure he could commute to work. There are houses everywhere, if I was her and decided to move I would not even ask about taking my child out of school where he has been with the same children, its a better foundation when the child has more stability, sounds like he has that with you and your new wife, and his younger sibling.
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Re: Ex just got married and bought a house
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Thanks Proud.
How can she sign our son up for a new school without my signature and pull him out of the existing school with out my authorization?
Wouldnt that be illegal?
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Re: Ex just got married and bought a house
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He is finishing first grade where he is and we are supposed to talk during the summer. We don't want our son to be to stressed out during the year.
I am still waiting to hear her ingenious plan.
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Maury
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(Carpal \'Tunnel)
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03/01/08 08:06 PM
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Re: Ex just got married and bought a house
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It is not illegal. It is improper if you share legal custody. Your remedy is negotiate a resolution or file a Motion to block it if you disagree.
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Re: Ex just got married and bought a house
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My suggestion would be to avoid delaying this any further. She could be pretending to be nice yet waste your time all summer and then pull him out and plop him in the new school. You'd then be fighting an uphill battle.
The time to decide this is now.
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Drew
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(old hand)
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03/11/08 10:59 AM
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Re: Ex just got married and bought a house
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I have to agree with CaptainJim 100%.
I have personal experience with being blindsided.
I am also a custodial father of three.
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c_jane
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(Pooh-Bah)
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03/11/08 02:42 PM
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Re: Ex just got married and bought a house
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Yep. Propose your son stay with YOU for the move & you will see that SHE gets 'liberal visitation'. I'm betting she will see that as 'totally unfair' but then she thinks it'll be good enough for YOU. I would 'beat her to the punch' and file a petition to block the move ASAP. Yep, you'll spend some money, but since you have joint -- you have just as much right to demand he stay with you. Unless she is designated CP that is.....
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Re: Ex just got married and bought a house
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If we have Joint Physical Custody how can she switch his school without my signature or permission?
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Relayer
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(Carpal \'Tunnel)
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03/13/08 06:37 AM
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Re: Ex just got married and bought a house
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Quote:
If we have Joint Physical Custody how can she switch his school without my signature or permission?
No
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Maury
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(Carpal \'Tunnel)
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03/14/08 08:04 PM
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Re: Ex just got married and bought a house
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Will a school allow it to occur without mutual consent? Probably. Is it appropriate legally? No. You may have to file a Motion to block it.
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Re: Ex just got married and bought a house
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Quote:
Quote:
If we have Joint Physical Custody how can she switch his school without my signature or permission?
No
Actually she can do this. The question wasn't if it was legal. It was if she can or can't do it. It's done every year and mothers get away with it all the time. The trick is to act before the uphill battle is created.
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