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Theresaphila
06-12-2005, 08:04 AM
Philadelphia, Pennsylvania


I am going through a custody battle with my ex over my 12yr old son...he is planning on moving to Texas and I was advised by lawyer to just keep saying"no" to my ex and he will not be able to leave..Lawyer states by doing this it will hold things up and will take approx. 1 year to go through the court system.. Is this true? Also,I will be getting married this winter......will this help in court when trying to get my son back with me? as far as stable household etc. etc Also, regarding court dates and postponing court date..........can I postpone a court date if it falls within a week that I will be out of town..Im fearful that a court date may come when I am going to be away.. any info anyone can give would be great!

elklaw
06-12-2005, 11:54 AM
The advice your attorney gave is sound since most courts are backlogged and by the time it is heard you will be married, in a stable home and in a better position to challenge things. I do not know enough to comment further. If the situation is the father is seeking custody of the child to move out of state, hard to say. If the ffather has custody and is seeking to move, that is harder to fight without showing the child would be harmed by the move or the other parent is mean and vindictive and would not cooperate in co-parenting. Since you were told to say No I assume you have primary physical custody now. The court can compensate for this by maybe giving he father summer vacation for 4-6 weeks in the summer. If the court does this, I suggest having it spelled out so if there is a problem, you can take the order to the police in Texas and pick up the child.

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