Can I get sole custody if the non custodial parent moves out of state without notifying me? He lived only a few miles away up until 1 month ago and has not seen his son in 6 months. Before that he would stop by here and there. The current custody agreement he has every other weekend.
Answer
You certainly can file a motion to modify custody and the Court will have a hearing on both joint and legal custody after he has been served your motion. It kind of depends on the Judge whether you would get sole custody after one motion. Usually the Judge will give him a chance before changing from joint to sole legal and/or physical custody.
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