Mother Signed Over Custodial Rights - Can She Get It Back

[Dogmatique]

No, seriously - you need to type word for word (minus names, locations, etc.,) what the actually current custody order says.

[lprncssshrty]

ok here it is (father) will assume residential custody of (child) once (mother) changes residence to oregon. (mother) will assume visitation granted 6 weeks of the summer (june-july) and alternate holidays. (child will spend time at (mothers) residence in oregon). It is also determined that all child support obligations are to be exounged and no child support will be paid by either party. health insurance will also be held responsible by (father). travel expenses for (child) will be in (mothers) responsibility. Parties will still share joint legal custody. Until (mothers) residence is changed current custody/visitation will remain in effect. than this was signed by the judge. note that the day after this was filed the child has been in the fathers custody and the mother did not move until 2 weeks later.

[cyjeff]

Are you saying that there was a judge that said that mom didn't have to pay support for her own child? And that support was included as part of the visitation order?

If mom comes back to revisit visitation, suggest that dad also revisit child support.

[Dogmatique]

Thank you That makes it easier for us to help you!

So, there is a court order giving Dad residential custody.

Yes, Mom can try to modify. However, she will generally need to prove to the court why custody should be changed.

The order comes out of NJ, yes? With Dad and kiddo still living in NJ? Truly, Mom has a huge battle on her hands if she wants to take kiddo from Dad to relocate to the - literal - other side of the country. Mom moving from OR to WA is likely not going to qualify as a significant CoC in this instance.

[lprncssshrty]

thank you so much for your help. yes it comes from nj and the father and child still live in nj and in the same residence from when the court order was given. is it bad for the mother that she has volunarly not followed the visitation?