Fivensbaseball
recently joined
Reged: 02/26/08
Posts: 6
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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
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Where do you live ? are the custody/vistation arrangements informal or legal ?
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Careful. We don't want to learn from this.
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Fivensbaseball
recently joined
Reged: 02/26/08
Posts: 6
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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
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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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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Careful. We don't want to learn from this.
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Fivensbaseball
recently joined
Reged: 02/26/08
Posts: 6
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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
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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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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Careful. We don't want to learn from this.
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proudparent
recently joined
Reged: 02/27/08
Posts: 4
Loc: indiana
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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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Bren...Aka Cinderella!
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Fivensbaseball
recently joined
Reged: 02/26/08
Posts: 6
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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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Fivensbaseball
recently joined
Reged: 02/26/08
Posts: 6
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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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Reged: 06/02/04
Posts: 8148
Loc: This Asylum --->
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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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