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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ex Fiancé took the child to TN from GA and filed a Temp

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Ex Fiancé took the child to TN from GA and filed a Temp Restraining Order. We have had the temp restraining order hearing and she dismissed it prior to the hearing. However she has filed a child support and custody case asking for full custody. It appears now she has moved from TN to Idaho due to address changes on bank accounts. The temporary custody hearing is next week. If it is proven that she has violated the standing court order will this look unfavorably on her?Also for legitimation purposes I am on the birth certificate as well as I signed the two-parent rule paperwork for her US passport. Will this be enough to show that I have parental rights?Her mother and I have been living in GA for nearly 2 years and the child is 14 months old. She filed in GA court so therefore going forward any modification will have to filed in GA court? Can the judge order her to move back with the child if it is not in the best interest of the child?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyHeather replied 1 year ago.
HI, I'm Heather S, a family law with 15 years practice experience. This information is for educational purposes and not to be construed as legal advice. Yes, if she broke the standing order that she not move out of the state, it will look unfavorably on her. That doesn't necessarily mean an automatic win for you, but it shows that she has no regard for a court order and is less likely to follow an order of the court in the future. If she filed a case for child support and custody and neither one of you disputes that you are the dad, the fact that you are on the birth certificate should be enough. The judge probably would not order HER to move back to GA, but the judge could order that it is in the best interests of the child for the child to remain in GA and so if she doesn't move back, you could be awarded custody. Does this help?

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