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  1. #1
    Join Date
    Oct 2006
    Posts
    4

    Default Insterstate physical custody change

    Hello. My children (13 & 16) are in Florida with a change of state "custody' from the original North Carolina courts. I am in Colorado. Our divorce was final 10 years ago with visitation difficulties etc. Both my ex-wife and I have moved several times involving different states. I maintain at least weekly telephone contact and visit once or twice a year. My ex-wife does not allow my children to visit me in my state or my girlfirend of four years to accompany me on my visits to Florida to see my children. My ex wife as recently moved in with her parents, the 16 year old is living with a a friend and his family at the other end of the state. My ex-wife lost her nursing license for felonious attempt to obtain narcotic prescriptions. NOW, can I motion to have my children live with me? I can provide for my children, including college, but my funds are limited. I have been told by several lawyers to return when I have more money.
    Thanks. Gary

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Insterstate physical custody change.

    What would stop you from petitioning for a change of custody, save for the money issue?

  3. #3
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Insterstate physical custody change.

    I am starting to investigate that process now. Therre is a lawyer in town who works out of a coffee shop and charges prices I can (probably) afford. If am trying to see if I can file pro se. It is somewhat complicated I think because the case originated in North Carolina and is now in Florida, while I am in Colorado. Also, previosly when I have asked for a change, my ex-wife has moved and it has been sometimes months before I have been able to find them.

  4. #4
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Insterstate physical custody change.

    You can file pro se, but you will have to file with the court that actually has jurisdiction, while residency may have changed, it takes a motion to change the court of jurisdiction. What is the status of custody and visitation orders? If 16 yo is living elsewhere, do the people they are with have legal guardianship? Does your childsupport for that child go directly to them? Do your children want to come and live with you? I ask that because that may be a factor in just how you approach this issue.

  5. #5
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Insterstate physical custody change.

    The child support portion of the original court order has been moved to Florida. Child support goes through Colorado, then to Florida. As far as I know the family with whom my son is staying does not have guardianship and I assume are not receiving any payment. My older son would come here after high school, my younger son is reluctant.

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