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How do I go about getting custody

Started by how2help, Mar 06, 2012, 02:11:44 PM

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how2help

who am I? I am a dad of a 17yr old son in MN. I have been divorced for 16 yrs, so it is not that I am bitter.
Mom has custody and I have visitation every other weekend, and one day a week.
I have  been faithful to paying my child support on time, visitation, and beyond. she knows I will not let him go without the necessaties in life. My child support is set at $150 ABOVE the child support calculator. She has moved him as of Sat, 17 times in his 17 yrs. Needless to say there have been some behavior issues at home and at school. I believe stability is important. He was just starting to do well in his school, then mom moved him 225 miles away.He has not attended school for 3 weeks now, he is supposedly starting on Monday. Living this far away makes it impossible for me to see him during the week and difficult even for a weekend. we spend more time in the car than anything. Mom is supposed to meet me half way but wont, if I dont pick him up she tells him I dont want to see him. She is very controlling and manipulative. He has stated that he would like to live with me, and I think that would be in his best interest. I have been told there is a paper to fill out at the courthouse but no one knows the name :/

ocean

You can try to file for an emergency ex-parte custody hearing and restraining order for child not to be pulled out of current school district as mother pulled child from school last week without fathers knowledge and moved xx miles, father requests child be returned to current area immediately to graduate from his high school as mother has changed his school xx times already. Child is 17 years old and is requesting to live with father". You may get in front of a judge that day if he thinks it is serious enough, if not you can fill out change of custody papers and get in front of a judge in a few weeks.
When will he be 18? Really if son comes to you for next visit, it would be very hard for her to get him back if he refuses to go back at his age. It would be up to you to see if his school will allow you to sign him back up. Call his old school, see IF he was signed out, when , and where was his records forwarded too. Then ask if he would return what would you need to sign him back up. Ask for that in court if needed. Family court is very slow so if you do not get the emergency hearing then this will take months in court and school will be over.



tigger

At his age, no judge is going to order him back.  I was told that in regards to my OS when he was 2 months shy of turning 17 and was  a junior in high school.
The wonderful thing about tiggers is I'm the only one!