help me

Cristina - posted on 07/14/2010 ( 5 moms have responded )

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IF I HAVE A CHILD CUSTODY FIGHT IN ONE STATE (OHIO), AND LIVE IN ANOTHER (NORTH CAROLINA)CAN I CHANGE MY CASE TO MY HOME STATE? AT THIS TIME MY DAUGHTER IS IN MY CUSTODY AND HAS BEEN LIVING WITH ME IN NORTH CAROLINA FOR FOUR YEARS. MY EX HUSBAND LIVES IN OHIO AND IS IN THE PROCESS OF TRYING TO HAVE MY 15 YR OLD COME LIVE WITH HIM. I FEEL THAT IT IS IN HER BEST INSTREST TO STAY WHERE SHE IS SINCE SHE IS DOING REALLY WELL HERE WITH ME.

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Christina - posted on 07/14/2010

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That is not true that once the child is 11 they can decide who they want to live with. NOT TRUE AT ALL! The Judge may talk to the child back in chambers to see what they say, but that doesn't mean they always get what they want. I used to work for the courthouse family division and sat in on MANY child custody hearings. The Judge will take all factors into consideration and will make a decision on the child's best interest, and at age 11, a child does not know what his/her best interest is.

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Melissa - posted on 07/14/2010

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I wish I knew more about this subject! I can imagine how frustrating and upsetting this must be for you. I would look up the state law for your home state online. There should be a copy of the law regarding custody on your state's government website. Or call a lawyer that deals with custody issues and ask for a free consultation. They will be able to explain your rights to you and it will be a free visit. Since Shannon is going through it herself I am sure she knows better than me.

Shannon - posted on 07/14/2010

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We are going through the same thing. It goes by whatever state your child lives in. Any time you want to change anything you have to do it in your state. She will have decide with parent she wants to live with. Once the kids is 11 the judge will ask them who they want to leave with.

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