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Custody Transfer Questions

Individuals that have been faced with custody transfer issues will have had many questions throughout the whole custody transfer process. Uncertainties of the process for custody transfers or if a custody transfer can be done without the courts often lead to questions like the ones answered below.

I need to get a custody transfer from one state to another. There is no marriage and one minor child. The mother lives in WV and wants to transfer custody to me the father in NC. This is a joint agreement between us with no dispute. How can the custody transfer be done?

A joint Motion to Modification of Custody would need to be filed. This needs to be filed in the original court where the custody order was signed. If however, neither live in the state that the original custody order was signed then you will file where the child has lived for the last six months. After the motion is filed there will be a quick hearing.

We would like to complete a custody transfer without hiring an attorney. What is the process we should take for a custody transfer when both parents agree to the terms?

For a simple custody transfer the following process may work. You would need to first get the original order of custody or agreement from the court. Make a copy of the heading that has all the court and case information. Then you create a document and title it Joint Agreement to Change/Modify Custody. Make it very detailed using a numbered list. In this list you will detail the changes you are agreeing to. You would want to be very detailed including items like visitation, which parent will pay for travel, any child support changes, etc. Once you both agree that the document is how you both want it, have it notarized and signed by both of you. Then you will need to file the document with the court. The court may request a hearing but not all the time will this occur. If no hearing is requested then you custody transfer is complete.

How do I complete a transfer of custody of my 16 year old child when my child does not agree to it?

To complete a custody transfer agreement both parents sign the agreement and file it with the court. If the court agrees they will issue an order for the custody transfer. However, if your child does not agree to have the custody transferred and the court is made aware, then the court may deny the request. The court will look at the best interest of the child.

If my 16 year old child wants to move in with me but his mother has custody; do I have to go to court to make this happen?

If you and the mother both agree then there is no technical requirement. You could file a transfer of custody with the court and be all set. The custody transfer order prevents the now non-custodial parent from changing their mind regarding custody. You could also then get an order for child support or change the existing order if the wife was getting it previously.

Gathering good information and knowledge about custody transfers can help when faced with transfer of custody issues. Experts can help answer questions about how to complete a custody transfer or if a transfer of custody can be done without going to court. Get the answers fast and affordably by asking an Expert.
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