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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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In my husbands divorce papers he was awarded residential custody.

Customer Question

In my husbands divorce papers he was awarded residential custody. Last May his ex wife and him decided to do a trial period upon their daughters request to live in NC with her mom and we live in IL. After the year was up it was to be dicussed the future of her resident. The minor is with the father right now for the summer and things came to his attention regarding his daugthers welfare and stability of the home. The mother wants her back and he is affaird what is going to happen so he wants to keep her home. Do we have to send her back?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

The court order remains in effect until and unless the court modifies or vacates that order. This means that if the court has not changed the original order awarding the father residential custody, he maintains residential custody and is not required to return his child to North Carolina
Ellen and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
They did sign a paper but it was not threw courts just threw them, so if we keep her we wont get into trouble?
Expert:  Ellen replied 6 years ago.
Only the court can change a court order. Therefore their agreement would not have any force or effect unless the court approved it
Customer: replied 6 years ago.
thank you so much you have been sooo helpful.
Expert:  Ellen replied 6 years ago.
You are very welcome.

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