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Judge signed off on agreement but I have a ????????

Started by ecp, May 23, 2005, 08:58:51 AM

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ecp

FACTS:

The case was in MA the whole time

The Judge in MA signed off on the agreement the BM and BM had

BM state is NC and has been for two years

BF is moving to FL at the end of the week

The Agreement reads as follows:

Parties agree to the following:

(1) Parents to have joint legal custody with physical custody to the father.

(2) Father will be allowed to move to Florida with the children.

(3) Parents will support the children while in their care. Insurance provided by either/both parents or spouses.

(4) Mother will have the children for the following school vacations: Summer break, Thanksgiving break, Christmas break, and Spring break. Also, any long weekends the children wish to visit.

(5) Mother and Father will meet half-way between Mother's North Carolina address and Father's Florida address.

(6) Mother and Father will have full access to the children daily via phone and/or Internet (e-mail, chat, or video) while in the other parents care.

(7) Mother will be allowed full access to all records (schools, doctors, etc.).

(8) Children will always be allowed to decide where they want to attend school (Father's or Mother's state) and will always spend their vacations with the other parent. The children will not switch schools during the school yr.

(9) Mother and Father have full access to the children while in the other parent's state.

QUESTION:

If either of us have a problem with the other following the agreement (you never know), want a change in the agreement (and both dont agree to it) etc...the case was not transfered to another state on paper

1 - What court do we go to?

socrateaser

>QUESTION:
>
>If either of us have a problem with the other following the
>agreement (you never know), want a change in the agreement
>(and both dont agree to it) etc...the case was not transfered
>to another state on paper
>
>1 - What court do we go to?

After six months residence in FL, the FL court will have jurisdiction. Prior to that MA retains jurisdiction, however, an MA court would probably relinquish jurisdiction to the State in which the children reside at the time that a petition to modify custody is filed.

If the children are in NC and they determined that they wished to remain there, it is conceivable that a petition in an NC court would be deferred to by a FL court, if this were to occur before six months of FL residence has passed. After six months, I suspect that FL would retain jurisdiction.