Q: My 4yo daughters mother wants to move to NC and take her. We share 50 50 custody. She hasnt even seen her for a month.
She went there with her new boyfriend to visit his family. Now claims has a job, car and place to live lined up. My mother and her mother have been caring for my daughter for about 2 months and for 1 whole month she hadn't visited her once. I just got out of jail 1week ago after 10 months and my daughter is with me and my parents. Our custody is court ordered. Can she do this?
A:
Are you just venting or do you have a question here? It sounds like a pretty awful situation if you are venting. IF you are asking should you fight the relocation sure. Is custody court ordered? If so she can't relocate without petitioning the court first. IF she does you can file a contempt petition and an emergency custody petition for full custody. If your custody is not court ordered, you should probably file for custody ASAP so that she can't relocate without petitioning the court.
In all these circumstances the common denominator is you need to consult with a family attorney. Walk them through the facts and let them guide you through the process. Spending a few dollars in the beginning to do it right will save you a ton of money in the end trying to fix the things you skimped on in the beginning.
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A: First step is to contact a local family attorney to advise you with all the facts at hand. The key is to make it known that you object to the relocation in writing (if you do in fact object) and then it will be up to the Court to determine if it is in the child's best interest to relocate. Relocation petitions can be a complex multi-step process and are not handled lightly through the Courts, especially when the proposed move would be many hours away or a costly plane ride.
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