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  1. #1
    JackBerton is offline Junior Member
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    Post Georgia - Notice of Intent - Relocate with Minor

    What is the name of your state (only U.S. law)? Georgia

    My ex-wife and I are residents of Georgia.
    We share Joint Legal custody, and I have sole physical custody.

    In the past year since our divorce, she has seen the children no more than once a year, on average for about an hour.

    I am in negotiations about an incredible career opportunity located in California, and after trying for weeks to talk with her, filed a Notice of Intent - Relocate with her. She has since still not responded, except to begin asking about custody paperwork from the divorce, and hinting that she has hired a lawyer.

    Our Marriage Separation Agreement spelled out that, we would be required to work through Arbitration before court, so I'm not as concerned about that. But, what steps can and should I be taking to help ensure that I can get this move approved?

    In other states I can see clear paths for requesting this, and getting it approved with templates and forms, but from what I've heard about Georgia law, now that I have served her with the Notice of Intent to relocate, if she does not respond it's my understanding that I'm able to move.

    Is this correct? Is there anything else I can do?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    TinkerBelleLuvr is offline Senior Member
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    From what I understand, you were divorced a year ago. Are you saying that she has seen the children ONCE since that point?
  3. #3
    JackBerton is offline Junior Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    From what I understand, you were divorced a year ago. Are you saying that she has seen the children ONCE since that point?
    Sorry, once a month. She went the entire summer seeing them only for 16 hours overnight for the fourth of July. I've made the kids available to her any time, and yet time and again if she bothers to say she'll visit at all, it usually get's cancelled.
  4. #4
    mistoffolees is offline Senior Member
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    Bottom line is that the decision will be made based on what's best for the kids, so gather all the reasons you can find on why the KIDS will benefit (not you).

    Now, Mom hasn't been a major part of their life, so you've got a very strong position, but that doesn't mean you can just relocate on a whim. You still need to show why it's better for the kids.


    Keep in mind that Mom has been seeing the kids regularly (once a month), just not as long as you think she should (or probably anyone else, either). She is still entitled to see the kids, so when you present your plan to the arbitrator, be sure to include a revised visitation plan where Mom can still see the kids if she wishes. YOU will probably have to foot the bill since you're the one moving.
  5. #5
    JackBerton is offline Junior Member
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    Quote Originally Posted by mistoffolees View Post
    Bottom line is that the decision will be made based on what's best for the kids, so gather all the reasons you can find on why the KIDS will benefit (not you).

    Now, Mom hasn't been a major part of their life, so you've got a very strong position, but that doesn't mean you can just relocate on a whim. You still need to show why it's better for the kids.


    Keep in mind that Mom has been seeing the kids regularly (once a month), just not as long as you think she should (or probably anyone else, either). She is still entitled to see the kids, so when you present your plan to the arbitrator, be sure to include a revised visitation plan where Mom can still see the kids if she wishes. YOU will probably have to foot the bill since you're the one moving.
    Absolutely agree on the best interest of the children. I've looked at this opportunity very closely, and even pulled the definition of best interest that the state uses and it meets every one of them. Stronger family base nearby, better schools, ridiculously safe environment. And, I'd happily pay to fly them out to see her for the summer if she wanted.

    I've been ready to have all of those conversations already, and am still ready to do so. The question though, is what steps should I be taking next in Georgia. I've notified her of my intent, and requested that if she disagreed to get in touch with me. But, from what information I can find in the statutes, and conversations with lawyers, as the one with physical custody, she would need to disagree with the decision and possibly even file for custody changes herself.

    Given that opportunities like this don't come along every day though, and that this is in their best interest, is there any step I can take to help move the process along?

    - Request Arbitration in a way that she would have to go? (as opposed to avoiding contact for weeks as she has done in the past)

    - File a motion with the courts to approve the move? (even though the agreement stipulates arbitration first, is this possible?)

    It's more a question of what are the technical steps that I must make in this process to help move it forward, than it is about whether it's the right move. I'm 100% confident that this is the right move for them, and is absolutely in their best interest, I just want to make sure I don't find myself in a situation where the job is ready, the move is scheduled, and I still am on shaky ground due to the confusing GA laws regarding this process. I'd prefer to have the answer up front.
  6. #6
    TinkerBelleLuvr is offline Senior Member
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    Then schedule arbitration with the idea of getting parenting time hammered out for the move. It will at least force the hand.
  7. #7
    JackBerton is offline Junior Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    Then schedule arbitration with the idea of getting parenting time hammered out for the move. It will at least force the hand.
    Thank you both for your help and advice. I'll work on scheduling the arbitration.
  8. #8
    mistoffolees is offline Senior Member
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    Quote Originally Posted by JackBerton View Post
    Thank you both for your help and advice. I'll work on scheduling the arbitration.
    And if it's impossible to schedule arbitration, you can probably ask the court for a ruling because arbitration takes too long and the delay would harm the kids by preventing you from taking this opportunity. I doubt if you can get an emergency hearing on that basis, but it's probably worth a try.

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