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What can I file with the court to enforce joint custody

right to my child when...
What can I file with the court to enforce joint custody right to my child when my exwife lives in another state with child and refuses to let me see my kid? Also, is it something that would need to be filed in the state where the child was born, where I live now, or where they mother and child are living?
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Answered in 7 minutes by:
3/19/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,599
Experience: Partner at Kent Law Group, LLC
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When you say "enforce joint custody right" what do you mean? Is there a parenting order in place with a particular schedule?

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Customer reply replied 5 months ago
No. There is no order in place. We did not have anything to that effect in our divorce settlement.

Okay, I see. So in that case you'll need to file a motion to establish a parenting time schedule if the other parent won't agree to one outside of court. You'd want to file in the state that heard the original case unless you and the other parent are living in a state that is different than the state that issued the original order/divorce decree - in which case you can file in your state (but the case would need to be transferred to the new state which means the court would need to agree to transfer it). The state where the child was born wouldn't much matter; what matters is what state issued the original decision and if that's different from where you and the mom and the child live now.

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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,599
Experience: Partner at Kent Law Group, LLC
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