What are my rights as far as child custody if I have full custody and my ex-husband has visitation?

UPDATED: Jul 26, 2011

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What are my rights as far as child custody if I have full custody and my ex-husband has visitation?

My son is 12. Court papers state his dad gets him 3 full weeks out of the summer. He took him Friday and he was supposed to be home Saturday. He did not return him. He said he’s keeping him because it was his week. I did not OK this. My son is calling and wants to come home and his dad won’t let him. I have asked for him back nicely with no avail. So now what? We are also looking at moving 2 hours away. My husband found a better job. Is there anything that he can do to stop me? I have full custody; he just has visitation. It’s not an out of state move.

Asked on July 26, 2011 Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a lot of issues here and you need to seek legal help with them RIGHT AWAY.  Someone needs to read your divorce papers.  It was not specific as to the weeks was it?  What were you supposed to do: agree later?  That needs to be modified.  AS for the move, does it state a mile amount in your divorce papers?  You may need to petition the court for a modification based upon the fact that you husband has gotten a better job and it will offer your whole family a better lifestyle.  But in the meantime you may want to consider filing an emergency petition in Family Court to get your son back.  Good luck.

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