Custody when Children Live in Another State

[msdaily]

My question involves a child custody case from the State of: North Carolina and Michigan (?). I divorced my Ex about 4 years ago, we have 2 children together. When we got divorced nothing was ever worked out through the courts as to child support and custody. Which wasn't an issue since I lived in North Carolina and paid her child support and had the kids every other weekend. Recently I moved to Michigan and was still paying child support to her, but obviously wasn't getting the visitation I had before because of the distance. However a few months ago my Ex said she wanted me to sign some papers that her lawyer drew up stating that I was to pay a certain amount in child support and that she would have full legal and physical custody of the children (ages 15 & 10) I refused to sign them unless she gave me joint custody, in turn she decided to take it to court because she doesn't want joint custody. I am going to fight her on this however I'm not sure how. Will a lawyer represent me in North Carolina when I live up here? Also, would the judge grant joint custody to me with me living in a different state?

[aardvarc]

You can absolutly have joint custody, even if living in another state. You are capable of travelling, and at their ages, the children are capable of travelling too. The courts hold that it is in the best interest of the children for them to have joint access to BOTH parents, unless it can be proven clearly and convincingly, that such access would be detrimental or dangerous for the children. Since mom appears to have given you liberal access to the kids (very similar to what a court would have awarded anyway), then such access will pretty much tell the court that she doesn't have an issue with YOU. The only downside I see is that since you are the one who moved out of state, you can reasonably expect that the court will make the burden and expense of travel your problem and not so much mom's. You'll want to use an attorney in North Carolina, since that's where the children live and where the custody case will be heard. The attorney can likely appear before the court and perform for a very large portion of the matter, and may be able to arrange for you to participate by conference call, video, or other method if and when your actual participation is required. You can check with the North Carolina Bar Association for a referral to a family law attorney in the county in question.

[msdaily]

Thank you so much for answering my question. I really appreciate the help and advice as i'm sure all of us who this site do!