My daughter lived with her grandmother for the last 13 years on a temporary guardianship that her mother signed without my consent.
My daughter, her mother and her grandmother all live in a separate state than me. Now, my daughter has moved in with me in my state.
My ex and I are in agreement that we need to gain custody back, but how do we proceed with this? What are our options?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
The answer to your question is going to depend on what orders are already in place and what court issued those orders. In most states a court that made the initial determination retains jurisdiction to make any modifications, but if no one resides in that state any longer, the court could lose jurisdiction or could relinquish that jurisdiction to another state.
Despite the jurisdiction concerns, if there is a court order, you should absolutely look to getting it modified to reflect your current arrangement, especially if there is an order of child support.
In most cases, child support is not modified until someone asks the court to do so. If there is an order requiring you to pay, you may have to continue to pay even if the child is living with you.
Finally, you will want to modify the order, so you can assure that you are able to make the important decisions concerning your daughter and not run into any issues, especially down the road when you may need to make quick decisions.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.