What do I do?

[ahague]

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

I moved to New Hampshire 3 years ago with my 2 children from a previous marriage. I have now remarried and we are raising all of our children. My ex husband has been in prison in Georgia for a number of years and has not seen his children for about 6 years. I have never received any child support from this man and I have not seen any concern or interest from his family until now. All of his family and my immediate family are all in Georgia while I am presently living in New Hampshire. My ex in-laws have chosen not to contact or even ask about there grandchildren until now.They are now calling my mother and threatening her with a lawyer if she doesnt tell them where I am or the kids. My mother has chosen not to tell them (for her own reasons), mainly to not let my ex husband know because of his present situation and background. We dont want the children exposed to him. In the divorce papers, I have full custody of the kids with me giving visitation rights at a reasonable time and it has to be agreed upon. I have usually let them see the kids when they have asked but they have never shown an interest in them unless it is a birthday or Christmas. Yes, I never called them and I have not let them know where I am, which is my fault because I felt they never cared anyway. They have not called and even asked about the kids in 2 and 1/2 years until today, when they called and harassed my mother. My mother is 82 years old and is not in the best of health and does not need this stress. So, my question is this: Legally, what rights do they have? Should I let them know where I am and where the kids are? If I have to let them know, what can they do legally to see the kids and what are my rights as there custodial parent? I want to do everything by the law so they can not say I am not doing my part. If there is any other info I should know, please tell me. Thanks for any help you can give me in this matter!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? New HampshireWhat is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by ahague

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

I moved to New Hampshire 3 years ago with my 2 children from a previous marriage. I have now remarried and we are raising all of our children. My ex husband has been in prison in Georgia for a number of years and has not seen his children for about 6 years. I have never received any child support from this man and I have not seen any concern or interest from his family until now. All of his family and my immediate family are all in Georgia while I am presently living in New Hampshire. My ex in-laws have chosen not to contact or even ask about there grandchildren until now.They are now calling my mother and threatening her with a lawyer if she doesnt tell them where I am or the kids. My mother has chosen not to tell them (for her own reasons), mainly to not let my ex husband know because of his present situation and background. We dont want the children exposed to him. In the divorce papers, I have full custody of the kids with me giving visitation rights at a reasonable time and it has to be agreed upon. I have usually let them see the kids when they have asked but they have never shown an interest in them unless it is a birthday or Christmas. Yes, I never called them and I have not let them know where I am, which is my fault because I felt they never cared anyway. They have not called and even asked about the kids in 2 and 1/2 years until today, when they called and harassed my mother. My mother is 82 years old and is not in the best of health and does not need this stress. So, my question is this: Legally, what rights do they have? Should I let them know where I am and where the kids are? If I have to let them know, what can they do legally to see the kids and what are my rights as there custodial parent? I want to do everything by the law so they can not say I am not doing my part. If there is any other info I should know, please tell me. Thanks for any help you can give me in this matter!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? New HampshireWhat is the name of your state (only U.S. law)?

As far as the grandparents are concerned, or other members of his family, they have no inherent rights at all and you have no obligation (legally or morally) to advise them of anything.

If they know where you live, they could sue you for grandparent visitation rights, and perhaps win some limited rights. If they don't know where you live, they cannot serve you...and in fact wouldn't even know what jurisdiction to file in.

However, the children's father is another story. If he is out of jail, and you have court orders that state that he has reasonable visitation rights subject to agreement, you do have to at least provide him visitation supervised by you, and technically you cannot conceal their whereabouts from him.

He wouldn't have any hope of primary custody in your scenario, and he couldn't force you to return to GA, but if his parental rights have not been terminated, a court would give him some sort of visitation. The court might not ding you very hard, under the circumstances, for making him take you to court to enforce visitation, but he would get some sort of visitation.

[Blue Meanie]

How long has the ex been out of prison? What was he "in" for? Did you have permission from the court to move the children out o state?

[LdiJ]

Originally Posted by Blue Meanie

How long has the ex been out of prison? What was he "in" for? Did you have permission from the court to move the children out o state?

Whether or not she had permission from the court is pretty irrelevant in this case. The court could not have denied her permission since dad was in jail, and they have been residents of NH for so long that its a moot point anyway.

[Blue Meanie]

Originally Posted by LdiJ

Whether or not she had permission from the court is pretty irrelevant in this case. The court could not have denied her permission since dad was in jail, and they have been residents of NH for so long that its a moot point anyway.

It's possible that it could play into the GPV suit. If she moved without permission and without notifing the father of her new address, then the paternal family could not have maintained a relationship. She "seems" to be hiding the child/ren. That could hurt her.

[ahague]

My mother does know where I am and his parents know this, so could they serve my mother for not telling them where I am and hold her in contempt? I am just not sure how all this works. According to information I am seeing online by the state of Georgia, my ex-husband is still in prison. I just want to do everything by the book and have nothing coming back to haunt me for not doing what I was supposed to do.

[ahague]

No, I did not let him know I was moving. I had no idea where he was at the time and it appears it would not had done much good anyhow because he is now in prison and would not had any kind of relationship with his children anyway.

[LdiJ]

Originally Posted by Blue Meanie

It's possible that it could play into the GPV suit. If she moved without permission and without notifing the father of her new address, then the paternal family could not have maintained a relationship. She "seems" to be hiding the child/ren. That could hurt her.

In a gpv case, honestly no that couldn't come into play. Prior to Troxel yes, it was sometimes an issue but post Troxel its simply not. Even for those judges who are resistant to Troxel it would have been an issue 6 month or perhaps even a year after she moved, but 2 1/2 years later...its simply NOT an issue.

Parents are legally allowed to "hide" their children from grandparents as well...so a judge really is not supposed to take that into consideration.

[LdiJ]

Originally Posted by ahague

My mother does know where I am and his parents know this, so could they serve my mother for not telling them where I am and hold her in contempt? I am just not sure how all this works. According to information I am seeing online by the state of Georgia, my ex-husband is still in prison. I just want to do everything by the book and have nothing coming back to haunt me for not doing what I was supposed to do.

No, they cannot serve your mother or hold your mother in contempt. Your mother is not a party to the case.

And again, you have no legal or moral obligation to inform them of anything.

Your only issue will arise at the time that dad is released from prison, and if you file to terminate his visitation rights or even parental rights prior to that, that might not be an issue either.

[ahague]

Originally Posted by LdiJ

No, they cannot serve your mother or hold your mother in contempt. Your mother is not a party to the case.

And again, you have no legal or moral obligation to inform them of anything.

Your only issue will arise at the time that dad is released from prison, and if you file to terminate his visitation rights or even parental rights prior to that, that might not be an issue either.

How do I go about terminating his visitation rights? Will I have to hire a lawyer? He also has not paid me one dime of child support since we have been divorced in 2001? Can I not let him see the kids because of this?

[Blue Meanie]

Originally Posted by ahague

How do I go about terminating his visitation rights? Will I have to hire a lawyer? He also has not paid me one dime of child support since we have been divorced in 2001? Can I not let him see the kids because of this?

Again...Whay is dad in prison for. This is a very important question.

[CourtClerk]

You do realize that in attempting to terminate his visitation, you will have to disclose your location with no real 100% assurance that you would win.

[LdiJ]

Originally Posted by ahague

How do I go about terminating his visitation rights? Will I have to hire a lawyer? He also has not paid me one dime of child support since we have been divorced in 2001? Can I not let him see the kids because of this?

No, you cannot refuse to allow him to see the children because of that, however, that, combined with the fact that he has not seen the children in 6 years either, might very well be grounds for termination of his parental rights, assuming that your husband would be willing to adopt them.

And yes, you would absolutely need an attorney for that.

[ahague]

Originally Posted by Blue Meanie

Again...Whay is dad in prison for. This is a very important question.

There father is in prison for theft by shoplifting and aggravated assault.

[ahague]

Originally Posted by CourtClerk

You do realize that in attempting to terminate his visitation, you will have to disclose your location with no real 100% assurance that you would win.

I dont necessarily want to terminate his visitation, but he will be monitored due to his past history. I really dont mind if the grandparents know where we are(I would prefer that didnt), but if it will ease the harassment and stress away from my family, then I will let them know. I honestly hate keeping the kids from there grandparents, and I probably would not have told them where we were if I had seen any kind of an interest in them. It boils down to what I think is morally right.....