He moved out of state at the beginning of the month. Also he has not seen or even called asked about his son in over 6 months 5 of those months he lived only a few miles away. Before that he would come over and see him every once in a while. He has never taken him out of my home. He has every other weekend in the current custody agreement. My son is 3.
Short answer: "yes" (probably; the details of the facts are always important). For background, including the test in the Rivero opinion, see http://willicklawgroup.com/child-custody-and-visitation/.
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