Hi, I am in a very difficult situation my daughter was moved to NH with her father I live in Florida I do not agree with her living this far away . I want to file for custody and raise her in Florida . The father and I were never married, when we separated she was 2 I agreed for her to stay with the father until I was on my feet and had the means to take care of my child. He then applied for medicaid and I was served with child support papers. I pay my support monthly . My daughter is now 6 . While my daughter has lived with the father for the last 3 years she only has lived in NH for a year. He did not file for custody before leaving but I did not know better and thought because I pay support that meant he has custody . I just found out that just means she is in primary care of him at the moment. What can I do where do I file, Fl or NH
:confused:

Hello needadvicemom

Being married is not relevant. Did he accept your daughter as his (is his name on her birth certificate)?

You do not state anything about the folllowing :

Did you ask your ex. For a new arrangement?
Do you know what your daughter's position in this is?

Success.

:)

I would start in FL because that's where the case originally was. If you get ahold of them and they tell you they don't have jurisdiction then you go to NH. Generally, the "home" state holds on to the case for the entire period that it is needed however, if he established MH as the child's home then that court could take it over especially if there was never a case oppened in FL. I hope that made sense.

There are two forms of custody; physical and legal. Unless a court order exists to the contrary, the parents generally have joint LEGAL custody. But also generally, onloy one parent has physical custody. Clearly the father has physical custody.

To change this, you need to go to Family Court and petititon for a change in custody. Start in Florida Family court.

I would say if there is no past court order, you can try where ever you want, but the father can fight any court action not in his state. Since that is where he lives with the child and has for a while I would say the courts will give that state the jurisdiction. But that can be fought in court also.

Now at 6 the judge may even talk to the child in private and ask the child where they want to live, and the fact that the father has had the child all this time, You have a hard uphill court fight.

I am confused.

I am no expert but it seems since there is a standing support order, that if poster looked at though documents she got from child support services, that were drawn up due to ex filing from medicaid, there should already be a standing custody order.

I never heard of child support services only having a support order without verifying who had custody.

I may be wrong, but it is the first place I would look.

If there IS a standing custody order through child support services for medicaid, then you need to file for a modification with the same court the original order was issued through. Check your court docs ordering this child support; that is where you want to contact first. At least that is how I understand it.

To answer you like the person said up top just because you are on child support doesn't mean anyone has custody. That's a separate case. You (being theparent that receives the support) is just in primary care.. Not (custody). You next step is to seek a legal or physical custody petition, which now is determened by family court.

To answer you like the person said up top just because you are on child support doesn't mean anyone has custody. That's a separate case. You (being theparent that receives the support) is just in primary care.. Not (custody). You next step is to seek a legal or physical custody petition, which now is determened by family court.