LegalAdviceZone.com - I need some legal advice please about changing an order from one state to another?

I need some legal advice please about changing an order from one state to another?

Me and my new husband are trying to get full custody of my daughter, but we live in a different state than where the divorce took place. Does anyone know the process I need to take in detail? I know before I can file for full custody I have to have it transferred to the new state I am in, but how do I go about that? I asked the people at the free legal aid office but the guy didn't seem to know too much about it. Please help if you can!

Public Comments

If the other party still lives in the state where the divorce took place, it will not be transferred out of that state. If both parties have left the state then when you file your suit to modify you also file a motion for transfer.
The process varies by state and can be somewhat complicated. If the other parent still resides in the state that issued the order, it cannot be moved. If you provide the state you moved FROM and the state you moved TO, I can give you more details.
Your question indicates that you know some basics, but you still need an attorney. The process of registering a judgment from state to state, and even the process of making sure that the receiving state takes jurisduction is complicated, and you need an attorney to do it correctly. For instance: most judgments can be transferred from state to state when needed for enforcment purposes, but the receiving state will generally not modify that judgment. That being said, a divorce decree is subject to ongoing jurisdiction, at least as far as the issue of children is concerned. To that end, again, you need an attorney licensed in your state so that you don't create more of a mess than there already is. If you try to do it yourself, you not only risk not getting fully custody, you could end up hurting your custody arrangements, and/or spend many thousands of dollars getting an attorney to fix the mess (if its fixable) that you created. For a referral, contact your local or state bar association.