Q: Mom of my son has full custody but He’s lives with me on off since he was born can I got to court for joint or full
The mother of my 7 yo has full custody but he’s I’ve been apart of his life since he was born he would rather live with me, I can see him whenever I want and he’s been living with me full time for the past year now his mother came and took him back can I go to court to get full or join custody would I even have a chance?
A:
I suspect that no order is currently in place, but if you have a court order in place then you should enlist the help of an attorney to examine your old order and analyze whether or not you meet the requirements necessary for modifying it. In general, if there has been a material and substantial change in circumstances, since the court signed the old order, then you may be able to have it modified. It sounds like you may have a good case for a modification, but you need to talk to a lawyer to examine all of the details regarding the case.
If no order has ever been put into place then you would need to consult with an attorney about filing an Original Suit Affecting the Parent Child Relationship SAPCR. These lawsuits resolve a variety of issues such as, which parent designates where the child primarily lives, how rights and duties regarding the child are allocated, what and how visitation will take place and by who, and what child support will be. I suggest that you meet with an attorney and discuss filing a SAPCR as it sounds like you may have a good shot at your son being able to live with you.
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