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Custodial Parent Switching Custody to Non Custodial Parent

 
 
gbklyn9
 
Reply Thu 21 Jul, 2016 08:12 pm

Hello Everyone,

Here is my situation and any advice would be much appreciated it:

I have been a noncustodial parent since 2/12 being an NY state resident. The mother of my daughter is the custodial parent and has my daughter which is currently 7 years old they both are Florida residents. The mother of my child filed for child support in Florida and I had to go to court in NY. Every week I pay what I owe in child support.I have a steady job and life and my current living situation is that I live with my immediate family which is my mother.

The mother of my daughter recently decided to move to Oregon in the past two week with her boyfriend and my daughter. They are currently going through hard times trying to settle in. So the mother of daughter asked me if I can take my daughter to live with me for a while maybe years. Which is great for my daughter and I to spend time lost.

Mind you they are currently living in a motel and probably don't have Oregon state ID yet.

What would be the best way to do this from both ends? We agreed on having the status of "Joint Custody" with the fact that my daughter will be living with me and that the mother of my daughter will pay me child support. We want a nice smooth exchange and process for my daughter without any drama.

Can they file or start the process from an Oregon child support court?

Does she have to travel back to Florida to start the process?

What can I do here in NY to start the process?

Any feedback would be much appreciated.

Thank you!
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roger
 
  1  
Reply Thu 21 Jul, 2016 08:43 pm
@gbklyn9,
All I can offer is what you already seem to know: make sure this is approved by the court, probably in Florida. Without court approval of the arrangement, you are extremely vulnerable to future action.
gbklyn9
 
  1  
Reply Sun 28 Aug, 2016 05:07 pm
@roger,
Thank you roger. Precaution taken.
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maxdancona
 
  1  
Reply Sun 28 Aug, 2016 05:14 pm
@gbklyn9,
Let me say this as clearly as possible. You need a lawyer. Your situation is more difficult than most. I am sure there is a way to work this out in a legal way, but there are all sorts of things that could go wrong (some of which could have some pretty bad consequences for you).

When I went through a child custody issue, I payed a lawyer some amount (I think it was $150 but I don't remember now) for him to answer my questions for an hour. This was worth any penny... make sure you write down your questions before to get them answered. If you don't pay a private lawyer... all you will get is a sales pitch, but if you pay them they give you valuable advice and you can decide how to go forward.

If you can't afford a lawyer... go to a family law practice, many of them will work with you for either free or for a very low cost.

I don't think you want to do anything in this situation without talking to a lawyer first.
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jespah
 
  1  
Reply Sun 28 Aug, 2016 07:10 pm
Yes. This is time for a lawyer - and it may be a quick thing, seeing as the parties are in agreement.
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