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New to this and have custody issues

Started by dapstr8, Aug 26, 2004, 02:10:55 PM

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dapstr8

Hello,

I'm looking for some advice.  I have been divorced for 11 years.  One year ago my ex-wife moved her and my two kids (Daughter 16 now and Son 13 now) from Washington State to California without proper notification.  Since then my ex has gotten my daughter to dislike me and will not talk with me.  But my son and I have a great relationship.  I have only been able to see him for about 5 hours on Spring break and then on the 4th of July weekend and finally got to spend most of August together.

About 4-5 months ago he sent me an email stating he was tired of California and wanted to move back to Washington and live with me.

When he was here in August I talked with his mom about him living here and could we make it happen.  She said that when she got back up to Spokane, WA (visiting her parents) she would talk with in but only in person to see if he really wanted to.  After several emails, we agreed this would be best but she indicated that it could happen.  She even sent me an email indicating he could be back from Spokane in time to get registered for school.  She even indicated to my step-son (living in Spokane) that this would happen.

So my son goes to Spokane to see his mom (8/22) and she did not even discuss it with him, she told him that there was not enough time to make the changes and told him he was going back to California.  He cried to me on the phone and then, they were not suppose to leave Spokane until 9/2 she changed her plans and left 1.5 days later for California.  I didn't even get to see my son before he left.

Does anyone have any ideas, I am willing to pay to make this happen but I don't know if it is possible legally.  Any sugesstions?

Lawmoe

You are in an extraodinarily difficult position.

First, state statutes for changeing custody vary fairly broadly.  Some states have very high standards.  Fopr example, in Minnesota, you must show endangerment.  Thankfully, most states adopt a lesser standard. there must be  substantial change in circumstance and it must be in the child's best interests.

Consult with a lawyer to determine what standard you are dealing with.

Documenteverything. Save the e-mails.  If not this year, next year should be your target.  

dapstr8

Thank you for your information, I will consult an attorney.