Ask a Lawyer - Archive

My son is 8, and I have had full custody his whole life. Recently, his father convinced me to change to joint custody. During the school year he's primarily with dad, and with me on weekends. In the summer it's reverse. I just found out that his father wants to move my son to another city in the state, that is a bit of a distance, at the end of the school year. My son has not been happy since the beginning and is now even more upset. What can I do? I want my son to be happy.

In my neck of the woods, that's an unusual way of looking at joint custody. It looks a lot like you allowed your son to live with his Dad and to visit with you. Whether you will be able to keep Dad from moving and taking your son with him will depend on how your state handles the relocation issue, which varies from state to state. There's no substitute here for buying an hour's time with a good family lawyer who practices regularly in the court where your divorce is. Lay out the facts and ask for a straightforward evaluation of your chances of keeping your son close by over Dad's objections.