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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28356
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex boyfriend and I have an 18 month old son together. He

Customer Question

My ex boyfriend and I have an 18 month old son together. He (his unstable/ narcissistic/ drug addict parents) has taken me to court for visitation rights. As of right now the judge ordered temporary visitation up until August 19th. However the unstamped paper I received in the mail yesterday claims that he will have him every other weekend until we go back to court and someone says other wise. My family lives almost 5 hours away within the same state. I would like to move closer to her. Since as of right now all I have is a piece of paper that hasn't even been stamped and made official yet and even once it has it's still only a temporary order without a relocation clause in it... My questions are , are we allowed to relocate without anyone's permission without being in any kind of trouble? And are there any rules on how long we have to reside in a different county on the other side of the same state before I can file for custody in my new county? We live in NC. I have hired two different attorneys already and spent almost $9000 with attorneys that never seem to care of even try to help me and my son. My current attorney will not even return my phone calls. PLEASE HELP??!!??
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Who sent you this unstopped paper, yesterday? Was there ever a hearing on this?

Customer: replied 1 year ago.
The letter came from my attorney. It shows where it was signed by the judge that "heard" the case. Even though he had already made his mind up on what he was going to do before he even laid eyes on me that day which I feel has to be illegal some how. But the letter isn't stamped. And from what I understand and by what I was told by a deputy that piece of paper is meaningless until it is stamped.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. Yes, until it is signed and stamped by the Judge, it does not have any legal effect, so you do need to make sure and clarify if this was simply a proposed order OR if the Judge simply forgot to stamp it but did rule/decide. I say this because anything in place at this time, does have legal effect. As such, you can not go against the order or do anything to interfere with the visitation rights of the father. You shared that there is temporary visitation until August 19th, so if you were to move, you would still have to allow the father to see the child, when ordered.Then, if the Judge did in fact grant and rule that the father should have him every other weekend, that would be in effect as well. As such, moving 5 hours away would likely interfere with the visitation, as a result of the distance that would need to be traveled. With that being said, it is best to not relocate at this time, unless you can do so without interfering with his visitation. With custody and filing, you would need to do so once the State/County becomes the permanent residency of the child/home state and 6 months have passed.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or concerns. I am here to help, so please just let me know.