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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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My daughter and her husband divorced in NH. They wrote

Customer Question

My daughter and her husband divorced in NH. They wrote themselves and had notorized an agreement that my daughter would have 100% custody of their son but her ex-husband would have visitation rights (e.g. weekend, holidays). Her husband then remarried and moved to FL with his new wife.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: They divorced in NH and signed and had motorized the custodial agreement they wrote themselves also in NH He is now threatening to take custody of their son
JA: Has anything been filed or reported?
Customer: Do you mean did they file their agreement?
JA: Anything else you want the lawyer to know before I connect you?
Customer: They only had the agreement motorized at a NH bank. They did not file it. I want to know if my daughter now needs to file for custody in FL
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

What does the divorce decree itself say about custody? Does it say she gets full custody and he gets visitation? Is the child currently in New Hampshire?

Customer: replied 4 months ago.
The divorce decree said 50/50 custody but they had to live in the same local so Adam could stay in the same school here in New Hampshire Before her ex-husband moved to FL they wrote their own agreement which was motorized in New Hampshire that my daughter would get 100% custody and her ex would have visitation rights (e.g. school vacations). My daughter and their son are still living in New Hampshire.
Customer: replied 4 months ago.
I thought with the Basic Package, which I chose, I would get 1 phone call. Why are you asking for $59 more for a phone call?
Expert:  Lucy, Esq. replied 4 months ago.

The site automatically sends those requests. I can't see them and have no control over the pricing. If you should have a free call, please contact customer service.

Expert:  Lucy, Esq. replied 4 months ago.

Thank you for that information.

What she can do is file a Motion to Modify Custody with the NH court and attach the notarized agreement. Let the judge know that they agreed to let the child stay with her because the father is moving out of state. The judge should enforce their agreement.

There is no need to file for custody in Florida, because the NH agreement is valid in all 50 states. If the father wanted to change custody, he'd be required to file in NH. She could get any Florida case he opened dismissed.