How do I get sole custody of my son if the mother is taking me to court? 7 Answers as of October 25, 2013

My son used to stay with us most days and slept at his mother's house at night. She moved away, came back and took my son. Then she moved again and took him with her. She has moved 5 times in five years with four different relationships. I have moved once and had the same relationship with one person. My son does not want to live with her. I had been paying agreed support via check to her since her last move. Now she is taking me to court for back child support and for future payments. My son does not want to live there. He had been in my care for five years during the day and now he is eight. He wants to live with me and his five year old brother.

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Law Office of William Stoddard | William Stoddard
Rarely can one parent over the other get sole custody. One is the residential parent and the other is the visitation parent. If she will follow court rules allowing you to have a relationship with your child, she can be found in contempt.? If she is found in contempt twice in a reasonable period of time (usually one year) the status of who is what can be ordered changed.
Answer Applies to: Washington
Replied: 10/25/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You tell your story to the judge why your son is better off with you. I suggest hiring an attorney who can tell your story the right way and who will be able to get the necessary information to poke holes in your ex's story.
Answer Applies to: Idaho
Replied: 10/23/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
You need to go to court and request full custody if the child is still under the jurisdiction of New York.
Answer Applies to: New York
Replied: 10/23/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Fighting for custody of a child is always something that takes some planning and work. You need to talk to a good lawyer who does a lot of divorce type work.
Answer Applies to: New Jersey
Replied: 10/23/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would have to review the current custody and parenting time order and all of the circumstances to determine the likelihood of success. You have some good points and the stability of the household is a factor in Michigan. At eight years of age the preference of the child will be a factor, but not determination.
Answer Applies to: Michigan
Replied: 10/23/2013
    John Russo | John Russo
    You need to file a petition for change of custody, placement.
    Answer Applies to: Rhode Island
    Replied: 10/23/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    File to establish or modify custody (depending on what type of support order you have already). Under the facts described here, mother has demonstrated instability and you may be able to obtain full custody or joint, depending on your local judge. A local attorney can get more specifics from you and advise you how to best handle this.
    Answer Applies to: Nebraska
    Replied: 10/23/2013
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