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Getting custody from another state

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nancyb16

Junior Member
What is the name of your state? Kentucky
My husband's exwife currently lives in Virginia with his son. My stepson wants to come live with us here in Kentucky. We get visitation with him over the summer and Christmas. She is now planning on moving to Oklahoma in the next 30 days. Where would we have to file? Can we file ourselves or do we need a lawyer? My stepson is 13 and his environment there is not a good one. They just moved there from Tennesee in January.
Any help appreciated.
 


Shay-Pari'e

Senior Member
You file in the state the original orders are out of. Your husbands chances are slim. He needs to be able to prove her unfit .
 

nancyb16

Junior Member
How can we file in Tennesee (the state it was originally ordered in) if she doesn't live there any longer?
Also, would we have to prove her unfit? We feel she is but, proving it could be another matter. Doesn't the wishes of the child have any impact? He is almost 14. He wants to live with us because he misses his dad and we don't yell and fight all the time.
 

Shay-Pari'e

Senior Member
nancyb16 said:
How can we file in Tennesee (the state it was originally ordered in) if she doesn't live there any longer? Because that is how it works, untill Dad or Mom gets jurisdiction changed.

Also, would we have to prove her unfit? We feel she is but, proving it could be another matter.Then his chances are slim.

Doesn't the wishes of the child have any impact? He is almost 14. He wants to live with us because he misses his dad and we don't yell and fight all the time. A judge may consider his wishes, but Dad will need to prove the mother unfit to change the custody order as it stands, especially since it sounds like Mom is in no way willing.
 

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