View Full Version : I moved out of state with my child, how do I get a custody order?
aleia
Nov 2, 2012, 07:50 AM
I moved out of North Carolina to Florida for employment reasons with my 6 year old son. We have no child custody order in place (we are divorced and none was written up) and when I spoke to several lawyers on the phone they said to leave and then try to get a custody order. How do I go about doing that?
ScottGem
Nov 2, 2012, 07:54 AM
You need to wait until you establish legal residency in Fl. Then go to your local Family Court.
However, if the father regularly saw your son and files before you can get custody, he may be able to force you to return your son.
aleia
Nov 2, 2012, 08:02 AM
He was supposed to see him every other weekend (informal agreement) but that was kind of sketchy at best. I wasn't sure if I should be filing here (I've only been about a month and a half) since I have to wait 6 months or file in NC. I don't want to keep my son from his father, I offered a custody agreement that included full summers with his father and the school year with myself, but he told me to get a lawyer so I'm trying to figure out my options. Can I file in NC if I live here?
ScottGem
Nov 2, 2012, 08:11 AM
Probably not. You should have filed before you left. The question is whether you think he will file.