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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29781
Experience:  Attorney with experience in family law.
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I recently got custody of my kids in cumberland county while

Customer Question

i recently got custody of my kids in cumberland county while i was living in charlotte county fl. now their father is in the military and was awarded visitation but he has moved to texas. now i have moved back to nc and i want to update the courts on where we are and see about modifying the visitation do i do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Are you interested in trying to move the case to North Carolina, or do you just want to modify the Florida judgment? How long has it been since the agreement was entered, and how long have you lived in North Carolina?

Is the visitation order something that it's possible to comply with while living in different states? (Meaning, are the children old enough to travel and is the father's living situation something that would allow him to stay with them?)

Customer: replied 1 year ago.
well the case was in cumberland county i was just living in fl with family at the time. it was just entered in july. i just moved here sept 4. the kids are old enough to travel.idk about his living arrangements. i feel like i may have to get a new lawyer because their father doesnt like my bf and feels he wants to control everything despite me getting custody.i just want to make everyone aware of where we are and make it legal.thats all
Expert:  Lucy, Esq. replied 1 year ago.

Okay, thank you for clarifying.

You can file a Notice of Address change with the court. Usually, you would only do that for yourself, but there's no reason you can't stand your understanding that your ex has also changed his address and ask the court to have him do the same. Or you can ask him to agree to let you file one Notice of Address Change for both of you.

Modifying the order is a bit more difficult, because judges usually won't do a modification until an order has been in place at least 6 months. You can try, based on the father's move (especially because it could be expensive to fly the kids out to Texas and back regularly). But your chances of getting visitation changed may be better if you wait a few months, at least so you can show the judge how the current order isn't working.

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