Ga Laws On Relocation

[powerline]

What is the name of your state? GEORGIA
Does anyone know where to go to get the GA laws about relocating to another state with child. I have joint legal custody with me having primary physical custody. I want to relocate and ex says heck no. I am offering to send child home 1x amonth and every school break and all summer, but still a big no. He wants full custody, I need to know the laws on my leaving the state. An attorney says I can go, even though he has filed suit against me, as long as I come back for hearings. I am afraid I will go to jail. Please help me.

 

[Silverplum]

https://forum.freeadvice.com/showpost.php?p=1674407&postcount=2

What is the name of your state? GEORGIA
Does anyone know where to go to get the GA laws about relocating to another state with child. I have joint legal custody with me having primary physical custody. I want to relocate and ex says heck no. I am offering to send child home 1x amonth and every school break and all summer, but still a big no. He wants full custody, I need to know the laws on my leaving the state. An attorney says I can go, even though he has filed suit against me, as long as I come back for hearings. I am afraid I will go to jail. Please help me.

 

[moburkes]

What is the name of your state? GEORGIA
Does anyone know where to go to get the GA laws about relocating to another state with child. I have joint legal custody with me having primary physical custody. I want to relocate and ex says heck no. I am offering to send child home 1x amonth and every school break and all summer, but still a big no. He wants full custody, I need to know the laws on my leaving the state. An attorney says I can go, even though he has filed suit against me, as long as I come back for hearings. I am afraid I will go to jail. Please help me.

The law says that ex must agree or the courts will decide. You can move. No one is stopping you. What's wrong with leaving the child in the environment it is familiar with? Just curious.

 

[powerline]

Nothing wrong with it but dad works when he wants to and is not very stable. She wants to go with me. She is 11 and has strong feelings about staying with me and her sisters. I have ajob offer and I would like to go ahead and move so she will start school at the beginning of the year. He has already hired an attorney and filed for change of custody. Child is familiar with the area we are moving to she is very content with changing school excited actually, she of course wants to maintain a realtionship with dad.

 

[moburkes]

Dad must be doing something right if he has the money to pay for an attorney. So, again, what's wrong with leaving her with dad?

 

[powerline]

Dad's parents paid for lawyer, he is almost 50 and never even owned his own home his parents pay his bills and buy her Christmas and birthday presents. I have had her all of her life and I dont want to leave her with dad. He sees her on his visitation but he has problems that I dont want to go into, but lets just say he is not capable mentally to care for an 11 yr old. He is manic and needs mediaction but refuses to take due his drinking habit. I am not saying he's a bad person but until he can get a handle on his illness he doesnt need to have full custody of her. I just need to know what site I can go to, to check out the GA laws.

 

[Silverplum]

You didn't get my oh-so-subtle HINT and use the SEARCH function right here at this forum? Or Google, which takes a second or two??

I mean, this is a q that is asked EVERY DAY here. It's in the TOS to SEARCH BEFORE posting a question.

 

[powerline]

Yes I did, however it didnt answer the major question if I take my daughter anyway would I go to jail for kidnapping or something. I have searched but it seems every state is different. Thank you for the help.

 

[stepmother3870]

Yes you can move

What is the name of your state? GEORGIA
Does anyone know where to go to get the GA laws about relocating to another state with child. I have joint legal custody with me having primary physical custody. I want to relocate and ex says heck no. I am offering to send child home 1x amonth and every school break and all summer, but still a big no. He wants full custody, I need to know the laws on my leaving the state. An attorney says I can go, even though he has filed suit against me, as long as I come back for hearings. I am afraid I will go to jail. Please help me.

I am going through a situation just like this one. My husband's ex, up and left with his child in November 06. He has joint legal custody, and she has primary custody. Now and GA relocation itself isn't grounds for a change of custody, but in their court order it stated that she had to give him 30 day advance notice of a move in the state of GA, or out of the state. And this women told him the day before she was leaving, about the move. So needless to say, he file contempt and a modification of custody order. In march of 07, she was found in contempt, and the judge order a guardian ad litem, for the custody case, so, we haven't yet gone back to court for that.
But, to answer your question, I know for a fact just moving to another state is not grounds for you to lose primary custody, especially if its for a better job, and you already have things set up. But, you have to read YOUR custody agreement, make sure you are not going against any thing , you to, have already agreed to, in writings. As, far as him getting custody, if you have everything set up right, your place, working, the girls in school, and nothing him can pen against you, then the judge is not going to grant him primary custody. Especially if you can prove the things you say about him. But, if he has an attorney, you need an attorney. My husbands attorney is good and affordable, he will work with you. If you want his information let me know.

 

[Silverplum]

Googled these:

http://www.colemanchambers.com/CM/Articles/bodne_v._bodne.asp

http://www.dmqlaw.com/CM/Articles/Articles86.asp

http://www.dmqlawyers.com/CM/Articles/Relocation.pdf

See if that helps.

 

[powerline]

Thank you silverplum and stepmother3870, My custody agreement states nothing about me giving notice or that I cannot move anywhere I want. But I was just worried. Thanks for all the help. I do have a great job lined up, my husband has a great job, and we already have financing ready for the move this is just holding us up. I want her in school when it goes back not here in ga but in FL.

 

[moburkes]

That is not for you to decide. Either the father must give permission or the courts. Take your pick.

 

[Silverplum]

Thank you silverplum and stepmother3870, My custody agreement states nothing about me giving notice or that I cannot move anywhere I want. But I was just worried. Thanks for all the help. I do have a great job lined up, my husband has a great job, and we already have financing ready for the move this is just holding us up. I want her in school when it goes back not here in ga but in FL.

No, no -- your c.o. may not mention moveaways, but you MUST abide by your state's law on moveaways!

 

[moburkes]

Yes I did, however it didnt answer the major question if I take my daughter anyway would I go to jail for kidnapping or something. I have searched but it seems every state is different. Thank you for the help.

Nah. Not jail. Your ex will have almost a 100% chance of gaining custody. But, no, no jail.

 

[stepmother3870]

I'm not trying to say other people don't know, what they are talking about. But i am going through this situation right now.

No, no -- your c.o. may not mention moveaways, but you MUST abide by your state's law on moveaways!

Every persons case and every judge is a little different, but Georgia law is Georgia law. If there in nothing in your court order stating, that you must remain in Georgia with the minor child, then you can relocate.

That is not for you to decide. Either the father must give permission or the courts. Take your pick.

Yes, if the father doesn't agree, then he has the right to do just what he has done, file for a change of custody. And yes the court will decide what's in the best interest of the child.

Nah. Not jail. Your ex will have almost a 100% chance of gaining custody. But, no, no jail.

But no its not 100% for sure the judge is going to take away your primary custody, if you leave. He filed the suite, and he has the burden of proof to show the courts why this move is not in your daughters best interest, why you are a bad mother and should not have primary custody, why his situation is better then yours, and he's more capable of caring for your daughter then you are. Can he do that, or can you prove him wrong. That's what going to determine who your child lives with. Also, my advice to you is send him a certified letter in the mail, tell him of your intentions to move, when and where. So he cant say you up in left him with no information.
School in Florida starts 8-22, so you should get a move on, and good luck.