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child custody

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i live in nc and was just diagnosed with narcolepsy, i have a 5 year old and have not lived with her fatherfor 3 years. I have had custody since her birth although it has never been legalized through the courts. I have to move to Va with my mother because i can no longer drive and i need help. my x has never paid child support or provided for child except for weekend visits. i can not afford attorney. do i need to get legal custody before i leave for va? i am 23 year old waitress, no money, no job now because i can not drive. pls help

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