Child custody/options??

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sarahstephens73

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My fiance and I are planning to be married in May. We have a very stable environment, we are both employed, and provide love, rules, and structure for his 6 year old son. His ex-wife has full custody of their six year old son and my fiance has visitation rights. His ex-wife lives in NY, we live in NC. For visitations we fly his son to visit us. Lately, his ex-wife has missed flights scheduled ahead of time, causing us to miss the visitation or pay extra for another ticket. His ex-wife works, sporadically, in a bar until late at night leaving her six year old son with family members or her boyfriend. Just recently there was a domestic dispute in the home of the ex-wife and her boyfriend. My fiance's six year old son was pushed, injured, and scared during the dispute, and the ex-wife pressed charges against her boyfriend. She is now considering allowing her boyfriend back into the home. What are my finace's options in trying to protect his son, obtain full custody, etc? We are concerned about his son's well being.
 
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Your boyfriend can certainly see an attorney and file for custody. The fact he lives out of state complicates matters. Does the BF currently have charges pending against him? If I was him I would certainly file and ask for it.
 
We are not sure if charges are pending on the boyfriend or not, the mother of the ex-wife bailed him out of jail and the ex-wife and boyfriend are now "thinking" about reconciling, so charges may be dropped. Because my fiance does live in a separate state, (though the ex-wife was the one to move out of state), what would be the best course of action for him to take?
 
If custodial mother has boyfriend living with her, state can change custody to father. JARRETT V. JARRETT, 101 S.Ct. 329

Custody can be changed if wife is "disrespectful" of "visitation" order. MURASKIN V. MURASKIN 283 NW 2d 140 (N. Dakota 1979)
 
Your BF needs to see an attorney in the state that has jurisdiction, it probably is the state where you guys live. It is always best to have counsel when filing for custody.
 
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