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WORRIED_IN_MD

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I live in the state of maryland. I have an 11 year old son. His mom and I have joint legal custody with her having physical custody. We have always kept a good relationship for the sake of our son. I am suppossed to have every other weekend visitaion but have always had my son 90 % of the time. For one reason or another she's been through a lot of bad realtionships and jobs over the years. She became homeless a year ago and was staying with family. At this time my son came to live with me full time and her doing the visitation. Well in May she decided to relocate to Florida and left my son in my care, as agreed verbally, so I placed him in school in August as usual. She shows up without notice removes him and his records from the school. Tells me I can not see my son again unless i agree to let her take him to Florida. I find out that she got him to agree to go with her after being told he wouldnt have to attend school anymore and could go to Disney every weekend. Sounds great to an 11 year old. I was told I would lose in court to try and stop her because he is 11 and wanted to go with her. Well they are now in Florida and my son has not attended any school for a month. All I get are lame excuses why she hasnt enrolled him. HELP !! I have a hearing Oct 30 to modify visitation. To get the papers sign by the judge for the visiaton we agreed on before she left the state. Do I stand of chance of winning custody from her even though my son agreed to go ????
 
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Yes you have a chance of getting custody. Stop listening to mom and file now. Mom cannot get custody if she cannot prove the move is in the childs best interest. are you able to get an emergency hearing? I would be getting school records too to prove he has not been in school. Shame on mom.
 
There are no school records to get. She took all the records with her when she showed up and removed him from school. Florida schools have no record of him because he has never attended there.
 
Then take whatever information you have from the Florida Dept of Ed verifying that your son has not been enrolled. Also get the school records from the school your son attended while in your care. (Your wife doesn't have all the records, only copies. Get your own copies.)

Also, be aware that if your ex claims she is home-schooling your son, she is required to register her intent with the local school board.

The burden of proving that your son attends school is hers.

Good Luck
 
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