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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Prior to my divorce, I filed for custody and child support

Resolved Question:

Prior to my divorce, I filed for custody and child support in Virginia. My ex-spouse nor myself include custody in our divorce degree due to the final order given in Virginia. I have sole custody of our two children. The ex-spouse is relocating with his job to Kentucky. Can he file for custody in that state? I live in North Carolina. Should I file a amendment in Virginia or North Carolina regarding relocation. He made the decision to relocate and not accept other job offers because his plans are to work in Kentucky for a year for promotion purposes and return to Virginia.
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
Since you have a custody order from VA he can not file in KY to get that order changed. If the children live in NC he would have to file in VA or NC to get the current order modified. If you want a modification you would have to file in VA to get it transfered to NC so that you can get NC to make the modification since that is the state that the children are residents of.
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