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Old 06-09-2010, 11:15 PM
 
2 posts, read 6,327 times
Reputation: 10

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I have full custody of my son. My son struggle at school and went through all therapy and special classes, my son failed first grade but it happened all the time because kids just not ready and after repeating first grade, I made sure that we concentrate on what he needs to be done to pass to the next level but when 3rd grade starts, I felt that I am needing help with my ex mother- in-law because she is an educator with kids with special needs, so I send my son to State of Georgia to continue his 3rd grade, after school ends my ex husband talk to me into letting my son stay for another school year (4th grade) just to make sure that he will be ready so for the sake of my son I left him in Georgia...My son did very good in class and progressing...now, end of the school year and I wanted to get my son back to State of Florida... Anybody knows if they have any legal grounds that they can actually take my custodial rights to my son because he was in State of Georgia for 18 months? anybody knows what would happen if they try to take my son away from me? I am so worried, I want to take him now but I promised the child that he can stay until end of summer and sort of he does'nt want to come back because my ex husband feeding him the idea that he is successfull in Georgia..the child is only 11 years old.... but I am not sure if they just buying time to take some legal action..I am not unfit mother...I have fulltime job, dont smoke or drink, dont go any parties..I only go to work and home..Please help!!!
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Old 06-10-2010, 05:32 AM
 
Location: Hernando County, FL
8,489 posts, read 20,634,479 times
Reputation: 5397
From an outsiders point of view it does sound like he did much better in GA. I understand not wanting to give up custody but what is best for the child?

Is your ex abusive? Drug user? Bad role model?
Or did you 2 just have irreconcilable differences?

Remember the child comes first in all this.
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Old 06-10-2010, 12:59 PM
 
2 posts, read 6,327 times
Reputation: 10
yes...I was abused.the reason why we split up and divorced...was covered by military because his active duty during that time. my worries are for letting him stay out the state where Im residing...is there any possibility that i can lose custody of my son?
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Old 06-10-2010, 01:10 PM
 
Location: Myrtle Beach
3,381 posts, read 9,119,787 times
Reputation: 2948
Quote:
Originally Posted by 2782788 View Post
yes...I was abused.the reason why we split up and divorced...was covered by military because his active duty during that time. my worries are for letting him stay out the state where Im residing...is there any possibility that i can lose custody of my son?
Sounds like you need to call a lawyer and get some good/legal/correct input.
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Old 06-10-2010, 06:02 PM
 
357 posts, read 799,568 times
Reputation: 344
I'm still working on diagramming that sentence from the first post so that I can make heads or tails of all this.
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Old 06-10-2010, 09:52 PM
 
43,011 posts, read 108,013,252 times
Reputation: 30721
Quote:
Originally Posted by 2782788 View Post
I have full custody of my son. My son struggle at school and went through all therapy and special classes, my son failed first grade but it happened all the time because kids just not ready and after repeating first grade, I made sure that we concentrate on what he needs to be done to pass to the next level but when 3rd grade starts, I felt that I am needing help with my ex mother- in-law because she is an educator with kids with special needs, so I send my son to State of Georgia to continue his 3rd grade, after school ends my ex husband talk to me into letting my son stay for another school year (4th grade) just to make sure that he will be ready so for the sake of my son I left him in Georgia...My son did very good in class and progressing...now, end of the school year and I wanted to get my son back to State of Florida... Anybody knows if they have any legal grounds that they can actually take my custodial rights to my son because he was in State of Georgia for 18 months? anybody knows what would happen if they try to take my son away from me? I am so worried, I want to take him now but I promised the child that he can stay until end of summer and sort of he does'nt want to come back because my ex husband feeding him the idea that he is successfull in Georgia..the child is only 11 years old.... but I am not sure if they just buying time to take some legal action..I am not unfit mother...I have fulltime job, dont smoke or drink, dont go any parties..I only go to work and home..Please help!!!
It does sound like you could lose custody. I'm not sure why you would agree to let the child stay for the summer. Generally, parents living a different state get the child during the summer. I'm glad you did the right thing by allowing him to live in Georgia because he clearly did do better there. Unfortunately, you really have opened the door for abandonment claims.

You definitely need a lawyer. Unfortunately, it DOES sound like your son is doing much better with the current arrangement. I'd be fighting for summers and holidays---continue letting him live in Georgia for the school years. Can you move to Georgia so you can see him more often?

Quote:
Originally Posted by ozlo View Post
I'm still working on diagramming that sentence from the first post so that I can make heads or tails of all this.
Probably part of the reason the child wasn't doing as well in Florida. We have to give her credit for sacrificing for the best interest of the child. She knew she was in over her head. I do applaud her for acknowledging that her child had a better chance of success with his grandmother.
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Old 06-12-2010, 08:40 AM
 
47,525 posts, read 69,677,756 times
Reputation: 22474
I think you should do what's best for your child. If he's doing well now, why yank him from that?

Maybe you could consider relocating closer to where your ex and mother in law live and try to co-parent. Children really need both parents, an in the case of boys, sometimes the influence of a father in the life is very important.
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Old 06-13-2010, 06:25 AM
 
Location: beautiful NC mountains!
904 posts, read 2,872,962 times
Reputation: 1279
Quote:
Originally Posted by malamute View Post
I think you should do what's best for your child. If he's doing well now, why yank him from that?

Maybe you could consider relocating closer to where your ex and mother in law live and try to co-parent. Children really need both parents, an in the case of boys, sometimes the influence of a father in the life is very important.
Good advice. If you can move to where the child is doing well, he would be better off. I wouldn't pull a child from where he is happy and doing better to put him back in a situation where he was not doing well. Some states and areas offer more services for children with special needs. I would find the best place for him. Being a single parent is tough. The more support you have with your child the better life will be.
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Old 06-14-2010, 02:05 PM
 
3,422 posts, read 10,901,258 times
Reputation: 2006
I second the advice to talk to a lawyer and also to consider a move to GA. Not sure what you do or where in GA it would be but it might be worth at least looking for a job nearby and if you get one to move up there.

I also think you should work out some sort of custody arrangement that benefits the child educationally but also does not strip you of all of your rights - like the other person said, just doing nothing official might cause problems like abandonment.

It is really worth it to get a lawyer to help you draw up something - even if the situation is very civil, it would benefit all of you to have something worked out and agreed-upon so there is no confusion later on down the line.
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Old 06-14-2010, 08:49 PM
 
660 posts, read 1,540,162 times
Reputation: 399
I'm ALL for children living with both of their parents. I'm going through a custody battle myself, and in my case my child was simply taken from the home by the STBX without any discussion of the matter beforehand. I do not think that, unless the child(ren) has been harmed in some way, that either parent should get (or even feel entitled to) full custody of a child. Period.
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