What to do if my husband will not let my daughter move back in with me?

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What to do if my husband will not let my daughter move back in with me?

I recently moved to out of state for a job and my 14 year old came with me. Then 3 weeks into our relocation, she decided that she really missed her friends and wanted to move back to our former state of residence. However, she called me last week to say she made a mistake and wants to move back with me. My ex-husband said no and that if I do come and get her that is kidnapping. By way of background, I have been raising my daughter since birth and am the primary caregiver of my kids (I have a 18 year old son that chose to stay with his dad). My ex and I went to court 2 years ago and it was decided that the kids can choose where they live and that I have the right to leave the state with my daughter because she testified that she wants to live with me.

Asked on October 7, 2012 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the impasse with your husband you need to consult with a family law attorney in the county and state where the exisiting custodial order is in place concerning your fourteen (14) year old daughter about filing a petition with the court seeking an roder where your "ex" is to allow her to go and live with you. You will need your daughter to write you a actual letter stating her current desires to reside with you and not your "ex".


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