Bulldog99
newbie
Reged: 11/20/08
Posts: 36
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The first statement in my divorce papers states that the mother can not relocate more that 50 miles from current marital residence(my Home) absent an agreement of both parties and that violation of this provision will materially affect the best interest and welfare of the children. My question is how much teeth does the relocation resrtiction have in a change of custody case (mom,wanting to moving our kids out of state) in Georgia????
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Gestalt
member
Reged: 10/10/08
Posts: 172
Loc: Wisconsin
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It has a LOT of teeth....mom will have to show how the move is in the best interests of the children (not herself) and that "best interest" is soooo important that it trumps the best interests of the kids having close and continuing contact with you.
If she has informed you of the possible move, I would immediately send a letter (CRRR) to her and the court objecting to the move.
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The most decisive actions of our life ... are most often unconsidered actions.
Edited by Gestalt (11/25/08 11:10 AM)
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Bulldog99
newbie
Reged: 11/20/08
Posts: 36
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Thanks,Gestalt!!!
I do have an Att. and a restraing order in plase and change of custody papers filed. I did post in another section but I think this is where I should have posted. Im happy to hear the restriction has some teeth. I have heard it may or it may not be a big deal in court. I had it put in the papers for this very reason.Thanks!!!!
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Gestalt
member
Reged: 10/10/08
Posts: 172
Loc: Wisconsin
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Good Luck! Glad to hear you have an attorney! Make sure to give us an update on how it turns out.
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The most decisive actions of our life ... are most often unconsidered actions.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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Being that it is in your agreement (an agreement she signed) it probably carries more weight than if it were simply stated in the state guidelines. I can't say exactly how GA works but there are a lot of states that don't allow relocation of the children very easily. As Gesalt said she will have to show how it benefits the kids.
While at one time a CP could use a current spouses job relocation as an easy excuse. Tthat is becoming harder and harder. My guess is that has to do with the number of NCP's fighting it and the number of fathers who will happily take over the custodial parent status if the custodial mother wishes to relocate. There was a time when it was thought the kids needed to be with mom no matter what. That POV has changed quite a bit over the past 30 to 40 years. Probably not enough but it's headed in the right direction.
I would do as suggested and send that letter to her AND the courts with your case number on it so it can be put in your file (or have your attorney do it) That way there will be no misunderstanding about how you feel right up front.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Bulldog99
newbie
Reged: 11/20/08
Posts: 36
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Thanks, Debi!!!!
I am now just waiting for the final hearing. I have done everything that I can do to help my case now its up to the judge. I hope the Judge can see in her answer to my COC she wants sole custody(we now have joint)so she can relocate and a mod. for child support(just did a CS mod on 1/08). Why does it always have to be about the money!!! When I get Custody(lets hope) if she even has to pay any support I will have it deposited in a trust for the kids school. Thats what my dad did when he got custody of me. Has anyone here gone through a COC and if so what was the outcome and why?
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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I know in my state, the burden of proof that a move is in the best interest of the children falls on the the CP that moves.
This DOES NOT mean "my new husband will have a better job" or "I will be getting a better education" or any nonsense like that. It has to show how it benefits the child directly and immediately, such as "We have doctors orders to move because of allergies to the child" or "I don't feel feel the trailer park I live in is conducive to the welfare of the child".
It's hard and a lot of CP's don't understand that. While a move might benefit the CP themselves, there is a great possibility of it not being in the best interest to take the child away from one of the parents, which is paramount. She has to show how moving benefits the child more than living a distance from their father.
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Bulldog99
newbie
Reged: 11/20/08
Posts: 36
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Thanks, Yes Dad!!!
That is what i have been thanking the hole time but you never know untill the judge says so. Thanks again!!!
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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My SIL got COC but fought for it for about 3-4 years. It was "handed" to him when BM abandoned the kids and took off with new boyfriend.
They were scheduled for another court date a week later for COC. What the courts would have done is anybody's guess but a 4th contempt for denial of visitation would not have been good in the judges eyes.
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Bulldog99
newbie
Reged: 11/20/08
Posts: 36
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Good for your SIL getting the COC. I dont have any contempt charges on her but alot of purjury. She is a good mom when she is there to care for the kids. It is her own selfishness that is going to be her down fall. I only wish we could have worked it out before it got to this point. The way I have to look at is that she is trying to take my kids away from me and me away from my kids. There is no other way to look at it and no buttering it up. It is what it is!!!
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