Yellville, AR asked in Family Law and Child Custody for Arkansas

Q: My ex and I have joint custody but he has physical custody of our son. His job is nowout of state does this change thing

My ex is telling me to take our son to his step mothers. I feel that if his dad is gone for weeks at a time he should be with me. He recently called and told me to come get our son because him and her were fighting and going to split..now a week later he is telling me to bring him back to her. What are my rights in this?

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1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
Answered
  • Crossett, AR
  • Licensed in Arkansas

A: If you feel that the environment is harmful to your son and that he is not even spending time with your ex during his periods of visitation, you may have cause to file a motion to modify your custody arrangement. It's important that this is a new development, because you must prove a "material change in circumstances" to get a change of custody. That just means something serious has to have changed recently making a custody change necessary.

Of course, I don't completely understand your situation and you should consult with an attorney about your situation so that person can make an educated recommendation based on all the facts of your case.

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