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My daughter who is 17 wants to move in with me and my family.

Her mother says she can...
My daughter who is 17 wants to move in with me and my family. Her mother says she can go. What do I do as far as the courts and child support? My daughters new school wants documents of custodial rights. I cant seem to find them. How do I find this information?
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Answered in 1 minute by:
3/1/2010
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



What are the custody orders? Who pays child support? Is this all via court order or informal?



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Customer reply replied 8 years ago
I pay child support. I have weekend visitation. All by court order.
So now you want to "switch" it around, so to speak, right, and want to reflect that in Court record, right?
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Customer reply replied 8 years ago
that's correct. My daughter and her mother are not seeing eye to eye.
Just want to stop my paying support and have the proper paper work for her new school. Dont even want to seek support from her mother.
Excellent. What you have to do is file a Joint Motion for Modification. It's quite simple. Both of you should sign off on it, but only one really needs to show up at court for it. Go to legalzoom.com or nolo.com for the motion. File. Call the court and ask if you can come earlier and be heard on the "uncontested docket" - some courts hear uncontested cases such as a name change or an agreed divorce early in the morning or perhaps one day a week. Check with the court's coordinator/clerk. Go in to prove up. This means that once your name is XXXXX XXXXX must approach the bench and tell the judge what you are asking of the court. "Proving up" something means verbally asking the court for legal relief, on the record. Yes, you will likely be audiotaped. The process is easy - simply follow the format of your petition (make sure to have a copy with you). For example, begin with "Your Honor, my full name is XXXXX XXXXX am here today requesting a name. My permanent residence is ____. The reason for my request is ____. Just read down your petition. The Judge may interrupt you to confirm a fact or ask a question. Assuming everything goes according to plan, the Judge will then sign the Order. Case closed. Next case....

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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