What steps do I need to take in order to get physical or joint custody of my son back?

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What steps do I need to take in order to get physical or joint custody of my son back?

My son’s father was awarded full custody of my son a year ago in CA because that’s where my son and I were living at the time. I now live in GA and my son and his father reside here as well. I was inactive in his life for 10 months, because I didn’t live in the state. Now that I’ve moved here I have been very active in his life and he now lives with me; his father only sees him on weekends. I do have another child (Idon’t know if that matters). My son’s father receives benefits for him which I don’t think he should because my son is with me 5 days a week.

Asked on August 16, 2011 Georgia

Answers:

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

Answered 11 years ago | Contributor

I am so glad that you and your son are sharing a relationship again.  He must be so happy.  What you need to do is to go to the court in the area that you are living that has the ability to hear these type of cases and make an application to modify the custody order.  It needs to be done in the state where the child resides - which is now Georgia.  If your son's Father would agree maybe you can enter in to a custody agreement and have the court so order the agreement.  That is an option as well.  Having another child should not really matter and could be a plus if the siblings enjoy eachother's company.  Good luck.


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