QUESTION
Can I file a joint custody, if my ex took the kids out of the state?
Asked on Oct 10th, 2011 on Child Custody - Oregon
More details to this question:
My ex took the kids to different state to be with another woman. My income is low, and I am willing to pay in portions. Can you help me in looking for a joint custody?
6 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 07th, 2013 at 12:04 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If it is less than 6 months since the children were removed from Georgia, you can file a petition for custody in the county where the children lived in Georgia. If it has been more than 6 months, you will need to file the petition in the state where the children currently reside.
Answered on Oct 26th, 2011 at 11:47 PM
Glen Edward Ashman
Contested custody cases can be expensive. Call a lawyer near you for details. There's no way to determine fees in an online forum.
Answered on Oct 26th, 2011 at 12:09 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is not possible to answer your question because "joint custody" is the end result of a legal case - either a paternity case or a divorce case - in which parenting responsibilities are decided by a court. If you are married, you need to file for a divorce. If you are not married, and there has never been a custody order, you need to file a custody case. If the children have been in a new state for more than 6 months, you probably have to do something in that State.
Answered on Oct 25th, 2011 at 9:02 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can file for joint custody regardless of what your income is. Dad cannot remove the children from the district of NJ without your consent or without a parenting plan in place.
Answered on Oct 25th, 2011 at 7:04 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If your ex has full legal custody now, you must file a motion to modify custody.
Answered on Oct 25th, 2011 at 7:02 PM