What to do if my ex-wife has not made arrangements to pick up our son to stay with her during the school year?

My ex-wife is supposed to have physical custody of my son during the school year. School starts for him next week, and she has made no indication of when she will get him back. Note we live in different states and school has already started here. If she doesn’t make any arrangements for getting him back within the next couple of days I feel I will have to take custody and put him into school here so his education isn’t disrupted. Is this a reasonable thing for me to do? Is it legal for me to just take over like that?

Asked on August 27, 2012 under Family Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is way too complicated for a yes or no response.  The best guidance one can give is that if you think that you wish to be the custoduial parent and that you have enough evidence to show a court that it would be in your son's best interests then you need to make the application before he leaves the state.  Get help.  Good luck.


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