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marriagedivorce-law, Family Law Attorney
Category: Family Law
Satisfied Customers: 319
Experience:  Family law attorney with extensive trial experience
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Customer Question

Custody was changed to the mother in court yesterday. The minor children have lived with the father for 5 years since mother walked out and left state. Judge ordered mother to come back to state. We have serious reasons to believe mother will return to her home in NC. She has no means to support, lied on stand, a flaky lease that can not verify the address . Would not come back to area where her parents and rest of members of the childrens family live. Can we stop this immediately until all lies are straightened out. We fear she will leave state with children. We are only home they have ever known.
Submitted: 4 years ago.
Category: Family Law
Expert:  marriagedivorce-law replied 4 years ago.

marriagedivorce-law :

Hi. I am an attorney and I will help you with your question today. I am sorry about your situation and what happened in court yesterday. The first thing a person in your situation should do is consult with another attorney in your area to discuss yesterday's hearing to determine what if any motions can be filed. As a general rule, there is nothing you can do to stop a custody order from becoming effective when the court says it is to become effective. Did the judge make the order immediately effective or is it only effective when she is able to relocate to the state and establish a home? The motions that could be filed are Motions to Reconsider or Motions to Set Aside (which would include asking for a new hearing or amending the judgment). Also, a person in your situation should speak to an attorney about whether to file an appeal. There are specific grounds for filing any of these motions and it is impossible to tell without a full review of the hearing and the final order, once it is reduced to writing and signed by the judge, what, if any grounds, may exist. Please provide me with any additional information that may help me answer your question more fully. I am going to switch from the chat format to the question and answer format but will continue to monitor your question in that format for any follow up from you, despite the message that says that our chat is finished.


Expert:  marriagedivorce-law replied 4 years ago.
I am sorry that you are not happy with my response to your question. I was hoping that we could talk through your question step by step and did not intend my initial response to be my final response. I'd like to work with you further to get you the information that you seek. Please let me know what further information that I can provide to you.

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