If I share joint physical custody and he leaves for boot camp without my knowledge does full custody revert to me.

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My ex left for boot camp almost a month ago without telling me. He signed a family care plan without informing me and gave power of attorney to his sister. I only found this out 4 days ago he was gone and that my 3 year old son was living with the sister. Before he left she would pick my son up to ease the tension between me and my ex and continues to do so acting as though she's taking him to his dad. She is currently holding a dependent ID for my son and for two weekends now he's needed medical attention which she could have taken care of using tricker, but because I didn't know he had this benefit I've had to pay for his meds. Shouldn't my son have came to me once he left since I'm the biological mother and we do share joint physical custody.

Attorney Answers

4
Kevin Pettrey ·
Any change in legal custody will require you to go back to Court and have the Judge change the Order.
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Jennifer Ferrara ·
Whenever children are involved, there are no "easy" answers such as what you are looking for here. Were you represented by an attorney when determining the child custody arrangements originally? If so, contact that attorney again and inform him/her about the change in circumstances. If not, use the Find a Lawyer tab at the top of the page to help you locate a Family Law attorney here in Virginia Beach. Many offer free consultations, and some have payment plans available as well. An attorney can review the current Order and assist you in petitioning to modify that Order, if necessary. Also, keep in mind that this is a very public forum that anyone can access, including your ex, his sister, or any other relevant parties, and keep details minimal.
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Ariel Baniowski ·
Your last custody and visitation order controls, and the power of attorney executed by your ex- does not transfer any form of "legal custody" to his sister. You should contact an experienced family law attorney. They can review the language of your current custody and visitation order, and better advise you on how to proceed.
0 upvotes