can a parent who shares joint legal custody leave the child with a friend to live without the others consent?

my ex-husband has physical custody of one of our sons and i have the other one..well we both have joint legal custody of both the children...he wants to leave the state he lives in and let my son live with his friend in the state he is leaving..he told me i have no say in this because he has physical custody of this child..i told him yes i do ..so is he allowed to leave my son in the care of a friend of his to live while he resides in another state and i also live in another state...if he does leave my son with this person can i have him taken out of this home and sent to me since the father doesn't want him to live with him...

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  • 1 decade ago
    Favorite Answer

    you can just drive to the child pick him up and take him with you because the 3rd party has no custody

  • 1 decade ago

    He is wrong on that. Both of you have to physically write out and sign and date a paper saying that this is ok with the both of you for your ex to leave your son with his friend. You will also have to get the paper notorized. This is the only legal way I know of without going to court.

    Source(s): Went through pretty much the same thing
  • Anonymous
    1 decade ago

    no

    and this is why even though he may have full legal custody, his custody status can be changed and amended

    remember the court only cares for the health of the child's best interest

    not his nor yours

    so take him back to court

  • ?
    Lv 6
    1 decade ago

    Go back to your lawyer and get sole custody of your child. I would not discuss this with the ex.

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  • 1 decade ago

    Talk to a lawyer. If you have legal custody he cannot make that kind of decision on his own.

  • 1 decade ago

    No, he cannot not. You are the child parent. And if he can No longer care for the child for whatever reason, then he and a judge will turn that child to the other parent.

    Source(s): I have full legal custody of my son, When my son moved to NY, I still had to give "good cause" why my son needed to move out of the state, and not with his father.
  • 1 decade ago

    You need to alert the court system. I don't see any way that that can be within the custody guidelines.

    Cheers

  • Anonymous
    1 decade ago

    yes u can get custody by abandonment. it is being done to the military people in service who have custody. though it doesnt make sense but in your case it would.

  • Anonymous
    1 decade ago

    Call your lawyer or the court house asap.

  • 1 decade ago

    Ask an attorney asap

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