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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My daughter is 15 and a half. She came to live with me in

Customer Question

My daughter is 15 and a half. She came to live with me in Colorado when she just turned 12. Before that she lived with her mother in Philadelphia. The move was her decision and her mother and I agreed to it. This past summer she decided to move back with her mother in Philly to try it again. She was there for 6 months approx. She came out to visit us this Christmas and she wants to stay and not go back to Philly with her mom. It 's not working out like she had hoped. The three years that she lived with me, I never asked her mother for any child support and I paid for everything including braces and health insurance etc... As soon as she moved back to Philly this summer her mother took me for child support, so now that she has decided to move back with me in Colorado, we need to know what steps to take to obtain custody and to file for child support.
Submitted: 8 years ago.
Category: Family Law
Expert:  Tina replied 8 years ago.

Thank you for coming to JA experts for guidance.


You will need to a file a motion to modify the court ordered child support and custody due to changed circumstances. It sounds like the original order is in Philly, so that is where you would need to file since the court retains jurisdiction to modify it's order.


Although I usually do not advise individuals to represent themselves, if you and your ex-wife agree on everything, you may be able to get the order modified yourself. If you intend to retain an attorney in Philly, which is always preferrable is a good place to start.


The best to you and your family in the coming new year.

Customer: replied 8 years ago.
My ex-wife will not be agreeable in any way. She will be extremely bitter and resentful. The child support agreement is through Philly, and we already know that we have to file a modification through PA courts to stop the child support, but what do we do in Colorado to get custody and child support from my ex? We want to go through Colorado courts since that is were we live and where my daughter is going to live also.
Expert:  Tina replied 8 years ago.

Hello again!


You will need to engage a local attorney who can register the orders from Philly locally and then file a motion to modify as described above. Your ex-wife may try to contest this as well. Based on the new facts you have provided, it is imperative that you engage an attorney to represent you. The attorney may also (and probably should) move to have a guardian ad litem appointed to represent the best interests of your daughter if the mother is going to contest any modification.


Since your daughter is nearly 16, her wishes will be given weight by the court.


Good luck to you.

Customer: replied 8 years ago.
I appoligize, but I am unclear. When you say we should engage a local attorney to register the orders from you mean a local Colorado attorney or one from Philadelphia?
Expert:  Tina replied 8 years ago.

I'm sorry. Perhaps I was unclear. When I say local, I mean near you in Colorado. He or she can register the order from Philly in Colorado, then file a motion to modify it.


All the best to you!

Tina and 4 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you! You have been very helpful!
Expert:  Tina replied 8 years ago.
You are very welcome!

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