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  1. #1
    Join Date
    Mar 2011
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    3

    Default Can Custody Be Changed Based Upon Allowing Child to Live With Dad for School

    Per our divorce decree, made in Virginia, I am the primary custodial parent of a 7 year old. My ex-husband asked to have her live with him for the school year of 2009 - 2010.
    I agreed, on the condition that she come home in June, 2010. While back with me, he asked if she could return for one more school year. I again agreed. He is now saying that he can get custody of her. He lives in Florida. Can he do this? Would he have to file the case in Florida, or Virginia, which is where the original custody issue was decided?

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Can He Get Custody

    So your daughter has lived in Florida for the past two school years, correct? If that's the case, then the short answer is yes, he may be able to get custody. He has status quo on his side at this point. Your daughter has an established life in Florida. Also, he could file in FL under the UCCJEA Act because your daughter has lived there for the requisite amount of time. He could simultaneously ask for a transfer of the jurisdiction and a change of custody.

    Now for my opinion:You have agreed for the past two years that your daughter can attend school in Florida. I cannot fathom why you would object to a change of custody at this point, since that is, essentially, what you have done.

  3. #3
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Can He Get Custody

    Yes, I did allow her to go. However, we do have another daughter, who is older and lives with me. She stayed with him for the 2009 - 2010 school year and now wants absolutely nothing to do with her father. She misses her sister extremely, as do I. I thnk that they have been apart long enough, and it would not be beneficial for them to be raised separately. Another problem I am having is that he has not considered getting custody of our older daughter, even though she would not move back down with him. Our youngest daughter is still somewhat 'malleable' and will do/say whatever she thinks will make him happy. My ex has serious problems dealing with someone who has a mind and chooses to use it, as well as those who disagree with anything he says or does. The year he had both girls, he was constantly calling me to complain about our older girl. I worry that if he did get custody of our youngest, that in a few years he would start treating her just as bad as he was treating our oldest.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can He Get Custody

    None of that changes NdK's answer though.

  5. #5
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Can He Get Custody

    I appreciate the response. I am going to assume that if he does file, I will receive papers regarding a custody hearing. If that doesn't happen by the time school ends, do I still have the right to bring her back to Virginia as the primary custodial parent?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can He Get Custody

    Yes, you'll be served.

    And since you're technically still the CP, sure - you can pick up kiddo and bring her back.

    However Dad can immediately file and have her returned to where he lives. Seriously Mom - he has two school years worth of status quo on his side. If he files he stands a great chance of being awarded primary custody.

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