Posted by David on 4/15/08

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I've been divorced for a little under a year now. My ex and
I have joint custody of our three boys. She has primary
custody and they live with her for the most part.
Since the Divorce I've moved out of Oregon for work in
California. It hasn't even been a year and she's already
filed for full custody of the kids on the grounds that I'm
not living down the street from her anymore to take them
when she goes to work or help raise them daily. She's also
claiming that I haven't been paying child support when I am
100% up to date and can prove every payment.
In the "MARITAL SETTLEMENT AGREEMENT" no where does is say
that I have to remain in the local area to keep joint
custody. I have not done anything to break the agreement in
anyway. But... she has. It specifically states that she
would claim the two older boys on her taxes for 2008 and I
would claim the youngest as a dependent and alternate years.
As Tax season just finished I found out as my return kept
getting refused that she has claimed all 3 boys and I ended
up having to pay over $800 in fees and Taxes as opposed to
getting a nice return.

Since she has broken the "MARITAL SETTLEMENT AGREEMENT" do I
have any grounds for getting full custody instead of her? or
are there any actions that I could take in any way?

In Oregon, it's stated that if either of the two parties
doesn't agree with joint custody then it goes to court to be
granted in favor of one party or the other. Does she have
the grounds to get full custody just because she doesn't
want joint custody anymore?

Ex Filing for Full Custody?, 4/15/08, by David.

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