What is the name of your state? Florida. My 2 grandchildren, ages 13 and 9 are visiting me for the summer as they do every summer. My son and daughter in law live in Georgia. My son has just quit his job and is moving back to Florida in one week. He is planning to file for divorce when he gets here. His 2 children want to go back to Georgia to live with their mother. The problem is that their mother has a drug addiction and cannot be trusted to take care of the children. What should he do first, right now in Georgia or when he gets to Florida, to stop the mother from getting custody of the girls. I realize I have no legal rights but when he gets to Florida how can he stop the mother from taking them back to Georgia.What is the name of your state?What is the name of your state? Also, if they go back now how can he pay support that goes for the children and not for her personal needs.
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divorce and custody of children
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LdiJ
Senior Member
And if mom runs to court in GA and files there, he may very likely be ordered to return the kids to GA....at least pending the outcome of the case.
Your son is making an unwise move. He needs to stay put in GA and handle the divorce there. If he wins custody then he needs to get the permission of the courts to move the kids to FL.
Your son is making an unwise move. He needs to stay put in GA and handle the divorce there. If he wins custody then he needs to get the permission of the courts to move the kids to FL.
stealth2 said:
Nine months to 14. Aside from being able to tell from looking at her, her actions (staying out all night, spending every penny she can get her hands on, never paying any bills) there is nothing he can bring to the court. He is thinking of hiring a private investigator. Of course, if she were drug tested it would show the drug usage. He is really not sure what else he can do to prove this.
LdiJ said:
It is too late for this. He has given notice at his job and has another job lined up in Florida. He has been staying in this marriage a long time for the children but cannot take it anymore. He was coming back to Florida to be near family so we could help take care of the children. Being a single parent is not easy and he has no family in Georgia.
Mom can easily get a judge to FORCE the return of the children to Georgia until final custody is determined. With no proof that mom is in any way unfit, the chances of him being awarded sole custody are slim to none. Even if he DID win sole custody, moving the children to Florida may not be an option.grams said:
Your son needs to talk to his current employer about keeping his job and put his plans for moving to Florida on the back burner until AFTER he has a court order in hand giving him permission to move the children to Florida.
LdiJ
Senior Member
I have to ditto this advice. Your son completely messed up by handling things in this manner. He needs to get his job in GA back...he needs to file for divorce and custody there, and if he wins custody he needs the permission of the courts to move the children to FL. Your son is almost guaranteeing that he will not win custody with his current plan.ceara19 said:
That is not how it happened at all. The children always spend the summer with me in Florida. After dropping the children off he went back to Georgia and went back to work. Tired of all the fighting he decided he could not take it any more. He then gave notice at work and at this point in time he is still in Georgia. The mother of the children could have and still can come down at any time to get the children as grandparents have no rights.ceara19 said:
The fact that they always go to Florida for the summer makes it appear even worse. The judge will likely see this as pre-meditation. He could have left his wife and move to Florida at any time. Yet he chose to wait until the kids were in Florida for their regular summer visit with the grandparents, making it easier for him to abscond with the children.grams said:
Is mom even aware that dad's intentions are to move and NOT return the children? Can he PROVE that she knows this?
I'm not saying that this is the way he intended for things to happen or that he planned it in advance. It doesn't matter what I believe and it really doesn't matter if this was planned or not. All that matters is how the COURT will see things and if he goes through with his plans, he will be making a very big mistake that can cost him dearly in court.
stealth2
Under the Radar Member
Your son should realize that in GA, a 14yo is permitted to choose which parent to live with, absent PROOF that the parent is unfit. Mom could easily drag this out 9 months. And it would be entirely possible that, if Mom is not found unfit and the eldest is permitted to live with her, the youngest will also be sent there.
Sonny-boy screwed up. He should've talked to a lawyer FIRST.
Sonny-boy screwed up. He should've talked to a lawyer FIRST.
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