What to do if my ex-wife and I have joint custody and I have my 12 year old son for the summer but now he wants to live with me?

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What to do if my ex-wife and I have joint custody and I have my 12 year old son for the summer but now he wants to live with me?

She lives in another state. Do I have to go their to get lawyer?

Asked on June 30, 2015 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally, you have to start where the order was originally entered.  If that is in a state completely different than where either of you live... then that state is your starting point-- and you will need to hire an attorney that is licensed in that state to help you petition for a modification in custody. 

Keep in mind, however, that jurisdiction frequently follows the child.  If Mom moved to a different state and has resided in the new state with the child for a substantial period of time, she could ask the court to move the case to her home state.  This would mean that you would have to hire a second attorney to represent you in the state where she lives if the court grants the motion to transfer. 


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