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  1. #1
    Join Date
    Jul 2009
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    14

    Default Voluntary Switch of Child Custody from Mother to Father

    My question involves a child custody case from the State of: Florida to North Carolina

    My husbands' son's mother currently has physical custody of their 12 year old son. They were never married. She lives in Florida. He is physically with us in North Carolina for the summer. Due to her circumstance , she wants to voluntarily give full physical custody to us and establish summer time visitation with her/ maybe some holidays. We pay monthly child support and are current with pmts. There is an arrears amount of approx 8,000.00 that is being paid down out of the monthly payment. What steps need to be taken to accomplish this custody transfer? How do we adjust the child support payment to stop the support as we will have full physical custody? Can the arrears amount by mutual agreement be wiped out? Or if there is a support amount established for her can that arrears be a credit for her against what she would pay? She is not working right now. She wants to do this for 2 years, but we want to make this a permanent transfer in the best interest of the child, we would be open to including something to the effect that after two years by mutual agreement of all parties involved that we would consider that issue before he starts High School. If the situation is not in the best interest of the child , we will not agree. Is there a link to the Florida Forms we will need to prepare and can we file these from North Carolina or can the mother file them in the State of Florida. If we have a mutual agreement drawn up between us which states all of our terms can this be done in a short period of time as she wants us to keep him here and have him start school here in August. Thank you for your time and attention to this.... D

  2. #2
    Join Date
    Sep 2005
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    Default Re: Voluntary Switch of Child Custody from Mother to Father

    The court order is out of... Florida? I suggest having a family lawyer in Florida draft a order modifying custody by consent, to be signed by both parties and submitted for entry with the court. The lawyer can also ask for child support to be modified based upon the changed custody. (If mom stipulates to having jurisdiction over custody issues changed to your state, you may be able to litigate locally, but otherwise Florida retains jurisdiction until the child has been legally domiciled in North Carolina for six or more months.) Florida offers self-help forms here.

    Typically an arrearage is not credited against a child support obligation - as it relates to unmet past child support obligations, the parent who ran up the arrearage must pay it off.

  3. #3
    Join Date
    Jul 2009
    Posts
    14

    Default Re: Voluntary Switch of Child Custody from Mother to Father

    Thank you for your reply, I not sure if this is how I ask a follow up to my question but here goes... If by mutual agreement the mother in leiu of her paying child support agrees that the arrears amount is wiped out can that be stated in the initial modification? Yes the court order is out of Florida. Thank you for yor time and attention to this....D

  4. #4
    Join Date
    Sep 2005
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    Default Re: Voluntary Switch of Child Custody from Mother to Father

    Normally, yes, the support arrearage could be addressed at the same time as the modification of custody.

  5. #5
    Join Date
    Jul 2009
    Posts
    14

    Default Re: Voluntary Switch of Child Custody from Mother to Father

    I have a follow up to this issue, the mother now wants us to sign an agreement with her when she switches over custudy that in 2 years once she gets established that we will quarentee her that we will not contest cusody back to her, is this even possible to enforce, it is my understanding that if we do get custody of him, that when and if she wants custody back that she will have to petition the court of NC , as he will have been a resident there for 2 years, to modifiy the custody agrrement and state how and why that would be in the best interest of the child. Given her present circumstances if things don't change in the 2 years , it would not be in the child's best interest to go back with her , he will be 14 then , can he speak up in his behalf if he does not want to go? Thank you for your help...have a great day ...D

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