If ex spouse moves out of house and moves to different city can I move in the house and regain custody of my child? As to not disrupt his environment.
4 Answers from Attorneys
There is no possible way to tell you yes or no on a website, since there is much more to it that you posted. Call your lawyer to discuss.
To rephrase your question: "Can I completely ignore the support, custody and property division provisions ordered by a judge, and not get in trouble?"
No! You can be found in contempt, jailed, ordered to pay the other parties' atorneys fees etc. Self-help is NEVER okay. If you wish to change a divorce order you must hire a lawyer, petition the court for modification, and abide by what the judge decides.
There are simply too many issues affecting the prior order to provide an answer. You really need to take your order to a family law attorney to discuss the issues. I would not delay if you want to have your child remain in Georgia. You need to file a modification and I would not suggest you try it on your own.
I agree with the others that you would need to hire an attorney and file a modification of custody and of the divorce decree which gave him the house in order to change anything. Let's say you move back in and your ex is gone for months. When he comes back and finds you there,who do you think the police will arrest for trespass when they read the only order the court has entered? In order to change the order, the Judge has to sign another order. Current circumstances only matter if you bring them to the court's attention in a valid modification action properly before the Court.
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