Do Divorce And Child Custody Orders Change If Both Parties Move Out Of State?

divorce lawyer Daniel ExnerQuestion:

My divorce happened in Florida and orders concerning the divorce and child custody were issued by a Florida court. Since then, I have moved with my child to another state where my ex-wife also lives.

Now my ex-wife is threatening to take my child away and modify our visitation schedule.

Do I still have the same custody rights that I agreed to in our divorce settlement even though we no longer live in that state?

Answer:

I am not licensed to practice law in your jurisdiction, but I can provide you with a general answer to your divorce and child custody question.

When you say the “divorce happened in Florida” I assume that means a Florida court granted the divorce and issued the divorce decree, which included provisions about child custody and visitation.

Under the Full Faith and Credit Clause of the U.S. Constitution, courts must recognize family law orders from other states. This rule includes Florida court orders regarding divorce and child custody orders.

If the original divorce decree is the only order regarding child custody and placement, then yes you do have the right to enforce the provisions in that order.

To fully advise you on your situation, a complete understanding of your situation is necessary. I recommend contacting a family law attorney to review your case.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

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