2 custody cases for my son

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am7407

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Hi, two months ago my 20 months old son and I went on a vacation to visit my family for a week, during that week I realized that his father is verbally and emotionally abusive as well as neglectful and financialy abusive. I have also struggled with the fact that he is a drug user, and has been since he was 8 years old. So the day we were supposed to go back I made the decision not to and called him to inform him of my decision. We tried to work out visitation, but we now live 4-5 hours driving time apart. So after one weekend visit, and worrying about our son's well being the whole time, I told his father that it would be best for our son if he was to visit him here and that he is welcome to stay for the weekend and if he's uncomfortable, there is a hotel a few streets over. In the 8 weeks we have been here he has not attempted to visit. A month ago I petitioned for physical custody with joint legal custody. I sent his copies of the court documents to the sheriffs to serve him, they attempted, but could not locate him. I went to court to get a continuance and the very next day I got served papers for his own petition which he filed 5 days after the sheriff's attempt to serve him. I will be making a response this week with the help of a facilitator. I just want to know what would be the likely-hood that the court where my son's father lives would defer the case to my county court? And if it doesn't get deferred what are all of the factors to consider in this? Please advise. Thank you.
 
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