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I certainly understand your concern. The divorce decree is going to control, since it was ordered by the Judge. If the decree was silent on the issue and he has shared/joint custody, there could be an issue with you leaving the State, without his permission or that of the court.. However, if you have a previous order from the court, that is still valid, specifically saying you can move anywhere you want with her, you have a right to do so. Now, this does not mean that he can not object to it and file a motion to try and make you stay but the burden would be on him to prove it is in the best interest of the child, to prevent her and you from relocating. He is going to have to introduce evidence to support his position, if he wants to try and get the Judge to modify the order and order you stay with her in the State, absent his permission.
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The federal law known as the Full Faith and Credit for Child Support Orders Act (28 USC § 1738B) and the Uniform Interstate Family Support Act (UIFSA, RCW 26.21A.130) ensure that only one state will have jurisdiction over child support at any particular time. Usually, the state that made the original child support order will be the only state that can modify or change the child support order. (28 USC § 1738B). However, in an emergency situation another state could issue a temporary child support order. Additionally, jurisdiction over child support could shift to a new state if: (1) the child and BOTH parents no longer live in the state that issued the originalchild support order, OR (2) both parents have filed written consent with thecourt that issued the original child support order. (28 USC § 1738B(e).
The combination of you having an order from the court, allowing relocation, paired with the fact that he first waited until 1 week before you moved, when he had 53 days prior to file a motion, is something which is favorable to your position. Moreover, if he filed a motion, he would have to put you on notice as to the legal basis, for preventing the move. This would be stated within, so you know how to respond and if there is any merit to his objection.
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