If I live in one stae but was divorced in another where my ex-wife and child still live if my son now wants to live with me, do I have to move?

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If I live in one stae but was divorced in another where my ex-wife and child still live if my son now wants to live with me, do I have to move?

She has had sole custody and now wants me to file for joint custody. My son is 14 years old.

Asked on October 23, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do not have to move back to the state where you were divorced where your "ex" resides with your son under the fact pattern that you have written about.

If your son wants to live with you and your "ex" is willing, then you and she need to sign a written stipulation to that effect subject to a court order dated and signed by a judge memorializing the agreement and filed in the action where the dissolution decree arose.


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