i have a court order that states joint custody but i have physical possession . nowhere does it say that i can not move out of state with my child . i now live in Georgia with her for over a year now . he knew we were moving but we did not go to court for this . can he now take custody for this or force me to move back to RI with her ?
Personal Injury Lawyer
Your child's father cannot require that you move back, but he may attempt to initiate a modification (or contempt -- depending on the circumstances) action to seek a change of custody and/or visitation. In addition, if the custodial arrangement changes, child support may be altered to reflect possible higher expenses for travel, etc.. I advise that you speak with a family law attorney here in Georgia and provide them with the court order. Good luck.
Divorce / Separation Lawyer
I know this must frightening wondering whether or not your child's father can force you back to RI. The good news is he cannot force you to move back to RI. However, he may attempt to initiate a custody modification action to seek a change of custody and/or visitation. I agree with the other attorney's answer, speak with a family law attorney here in Georgia. I handle family law matters and offer a free 30 minute consultation. Feel free to call me (770) 9124-8155.