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I need to talk to an attorney regarding custody. No I have…

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I need to talk to an attorney regarding custody

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No I have full physical custody of my two kids with my ex husband I moved out of state and didnt tell the court now he is trying to take my kids from me and I was wondering if I moved back could he still file and take my kids?

Lawyer's Assistant: Family law varies by state. What state are you in?

My divorce was in jax FL I was living in GA and I moved to MO.

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Customer reply replied 4 months ago
how long does it usually take to get a response?
Answered in 5 minutes by:
3/22/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,714
Experience: Experienced Family Law Attorney
Verified
I am sorry to hear this. Was there a court order regarding geography or obtaining court consent?
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Customer reply replied 4 months ago
No I dont think so
Customer reply replied 4 months ago
can I get in trouble for switching my kids school more than once during the year

Generally the court order as written is in full force and effect until it is modified; so if a parent takes some kind of action that precludes the other parent from exercising their court ordered parenting time, or if they do not reveal the whereabouts of the children, that can be a violation of the court order (and of parental kidnapping laws).

Often times the parent with full legal and physical custody is allowed to make decisions re: the residence of the children, including moving out of state, so the order will be determinative in that respect.

The court that issued the order has ongoing and exclusive jurisdiction over the case under the UCCJEA unless the court determines that another state is best suited (ie all of the parties have relocated from the original state, the child's current home state has more evidence such as witnesses, etc).

The court will look to the best interests of the child(ren) in determining the custody modification request; generally the court will preserve the status quo and slowly increase another parent's parenting time, absent exigent circumstances.

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Customer reply replied 4 months ago
if I move back before he file a contempt of violating the court order can he still file? Will I still be in trouble?
Customer reply replied 4 months ago
should I go put in a petition to relocate even though I already made the move. Ive been in MO for about two weeks?

Yes, as a contempt citation may be issued whenever a person is in a knowing and willful violation of the court order-even if past violations are at issue.

It is possible to ask for permission after the fact- for example stating the reasons why one did not request permission, or stating that permission was not required per the court order.

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Customer reply replied 4 months ago
I didn't know I had to let the courts know about the move. It was last min. And I only moved because my mom is in MO and she helps me with childcare while I'm working. He doesn't help me with child support at all.
Customer reply replied 4 months ago
I'm asking if I could go back and file a petition to relocate and just move back to GA?
Customer reply replied 4 months ago
I'm not sure what I can do to keep my kids that's what I'm trying to figure out..

Yes, that is possible; the court will take into account the parties' intent - since contempt requires a knowing and willful violation- it is an intent issue.

Normally the court will first issue a motion to compel compliance and then contempt.

the mere moving away in and of itself does not necessarily result in a modification of custody-the court will choose the parent that is best suited to safeguard the best interests of the child.

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Customer reply replied 4 months ago
Okay so I should go to Florida and file a petition to relocate? Even tho I'd be moving back to GA?
Customer reply replied 4 months ago
if I move back to GA would he still have a case? Or should I just stay in MO? I'm so confused? I'm sorry!
Customer reply replied 4 months ago
I'm not sure what I should do to prevent him taking my kids? Please help?

It is possible to file from one's current location; some counties have online filing, otherwise it can be mailed in; or one can physically file with the clerk as well.

It really depends on what the order says, the intent of the parties (to keep the child from the other parent, or to move due to more favorable circumstances for the parent/child due to family, job opportunities etc) and the judge's evaluation of the evidence.

The current order remains in effect until a judge determines it is appropriate to modify or terminate that order.

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So for example an attorney would probably draft a declaration setting forth valid reasons for the move and requesting that the court approve the move after the fact.

Along with highlighting any inconsistencies in the order, the silence in the order as to moving issues, etc.

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Customer reply replied 4 months ago
He hasn't file yet I haven't got served with any papers yet? That's why I'm trying to beat him to the punch by filing a petition to relocate or move back to GA so he wont have evidence in me moving

Evidence can be such things as testimony from third parties, receipts for expenses incurred in the other state (the discovery process allows a party to seek records from the other party and even third parties).

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Also under the UCCJEA the parents must disclose the children's addresses for the past 5 years under penalty of perjury.

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Customer reply replied 4 months ago
basically I can still get my kids taking even if I go file this petition and move back to GA?

It really depends on the circumstances of the case such as:

1. whether the order specifically prevented the move

2. whether the move was for a bad faith reason or for a legitimate concern (ie to be close to family, opportunities etc)

3. which parent is best suited for the child's best interests

4. overall past conduct of both parties

5. the parents' respective past relationship with the children

The court looks at the whole picture and the judge will make the determination based on what their interpretation is - what will best serve the children.

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Customer reply replied 4 months ago
What if he doesn't pay child support? Cant I file a contempt against him too

yes, whenever a party is in violation of a court order and it is knowing and willful then the court may, upon motion, issue a contempt citation.

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If you have further questions relating to the original question (the moving issue) please post here and I will reply as soon as I return. As I am scheduled for my break.

Otherwise kindly rate 5 stars if no further questions.

Thank you.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,714
Experience: Experienced Family Law Attorney
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Customer reply replied 4 months ago
Thank you
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