My ex and I divorced in 2007- I was awarded custody of both our son and daughter in our Parenting Plan. In late 2010, my ex and I discussed an option of our son to live with her, on a trial basis, as he was having trouble in school. He is still having the issues, and the home life he is in is not very favorable for a child to be in. Do I have any right to just bring him back home? If no, what steps do I need to take to get him back?
2 Answers from Attorneys
The answer depends on whether you entered into a new parenting plan when you allowed your son to go live with your ex. If you did, then just going and getting him might violate the new PPP depending on what the PPP says.
Only the court can modify a custody order. If this arrangement was made outside of the court, and only between you and your ex-wife, you have the right to take the child back into your custody.