My ex and I have joint physical and joint legal custody of our son. I have since remarried and have found a community I would like to move to. It is about 35min from my ex. We both have jobs out that way and they have an excellent school system. My son is with me 5 days out of the week currently. However my ex will not sign over full physical custody. While I know this doesn't determine custody, I provide insurance, school/tuition, clothing, etc. My ex does not pay the ordered child support. How do I go about this? I have told my ex that I will gladly let our son see him every weekend and anytime he would like. I just want him with me to go to school during the week.
ThanksChanging physical custody to relocate?First start by stopping robbing your son. You are doing that when you don't have the child support enforced, thus depriving your son of the monies he is due from his parent. Assuming the child support is court-ordered, go back to court with your lawyer and ask that your child's father be placed in contempt-of-court and punished. And then have your lawyer have his bank accounts garnished and his tax refunds seized. And then after you have all your arrears, have any further child support done through the government system.
After that, then ask the court for permission to relocate with your son. Since you are only within a half-hour drive from your ex, there is a strong chance that this will be granted, especially since your move is to be closer to your place of employment (and not to spite your ex) so that you will have more home-time to spend with your child (remember this). Don't move though until you get the court's permission.
And then have your visitation set up through the courts. Your offer to let the child's father take him at any time is not a good one as he may take you up on that and then how could you plan any kind of family life? Children need a routine, not a dad who may show up any time, disrupt the family's activities and demand to take the child with him. I know you meant good things by this offer but you didn't see it through clearly.
Get a good lawyer and let the lawyer handle this. Don't argue with your ex as that is only a recipe for trouble. Good luck.
