Emergency Hearing

[powerline]

What is the name of your state? GA
I hired an attorney to fight my ex b/c I want to relocate, his attorney had set up a deposition date for 8/14, then on Friday he called my attorney to postpone the depo. until Sept. This means I have to wait even longer before I can move. I urged my att. to puch for an Emergency hearing and he said we couldnt get one before that date. WHY? and isnt that what EH are for to be heard before the court case? I also want mediaton set up soon he says we have to do that a few days before depositions. Is he correct? I need something done soon, I have a job offer and I have arranged for housing already. I want my girls in school by 8/20 if it is possible. What can I do? Can I request a hearing w/out my lawyer?

 

[Accountable]

Looks unlikely that there would be a ruling on your relocation before 8/20, so plan to leave the girls behind while you set up your new household and commute for the hearings. You can call the court yourself and confirm whether it is possible to set an EH any sooner.

 

[LdiJ]

Looks unlikely that there would be a ruling on your relocation before 8/20, so plan to leave the girls behind while you set up your new household and commute for the hearings. You can call the court yourself and confirm whether it is possible to set an EH any sooner.

That is not necessarily correct.

OP, you need to consult with your attorney regarding what you can or cannot do while waiting for your hearing.

 

[powerline]

I dont want to leave girls behind b/c then he could say I abandoned them, and went on with my life. I want to be able to take them with me, my lawyer says just go and take them with me but as I said in my previous post I am afraid of getting in trouble. I was told by another attorney that my ex's lawyer could file for temp custody based on the fact that I took off woith his(ex's) kid. Then I would lose custody temp, and probably for good.

 

[Byzantium]

I don't see any reason why it would be an emergency.

 

[powerline]

Byzantium I dont understand what you mean not an emergency. I have custody, he wants custody, I have a job waiting on me in another state, I need the approval of the court to leave and come back for hearings. He also is an alcoholic putting her in harms way when he drinks and drives. I am trying to deal with this issue right now.

 

[CJane]

Byzantium I dont understand what you mean not an emergency. I have custody, he wants custody, I have a job waiting on me in another state, I need the approval of the court to leave and come back for hearings. He also is an alcoholic putting her in harms way when he drinks and drives. I am trying to deal with this issue right now.

It's a matter of urgency FOR YOU - not necessarily for the courts. Emergency hearings are usually reserved for matters of an extreme nature, not for matters concerning a party's convenience.

 

[GrowUp!]

my lawyer says just go and take them with me but as I said in my previous post I am afraid of getting in trouble.

If your lawyer told you that, I would fire him/her IMMEDIATELY because that advice right there could screw any chance of the court allowing you to move with the children.

I was told by another attorney that my ex's lawyer could file for temp custody based on the fact that I took off woith his(ex's) kid. Then I would lose custody temp, and probably for good.

That other attorney is right (& did you consult another attorney while you had this one retained???!?! ). Also, there is no guarantee you'll be granted permission to move with the children. There are numerous factors that the court MUST take into consideration -- and just because the job is better for you does not rank that high up there. When were you offered this job? Did you consult with the other parent BEFORE you decided to accept it? It sounds like you've put the buggy before the horse.

 

[Byzantium]

Byzantium I dont understand what you mean not an emergency. I have custody, he wants custody, I have a job waiting on me in another state, I need the approval of the court to leave and come back for hearings. He also is an alcoholic putting her in harms way when he drinks and drives. I am trying to deal with this issue right now.

It's an emergency to you because you accepted a new job and started packing before clearing it with the father and the court. Your failure to do things the correct way does not make it everyone else's emergency.

How much time does he currently spend with the child and how much time will he be able to spend with her once you move?

 

[powerline]

First of all my CO doesnt say anything about me relocating, second we were not married when I had her so when she wass 2 he leitimized her. I gave him a 30 notice that I qas moving and that should have been all I needed to do. He sees her EOW now and when we move I have agreed to let him have her 1x a month and all school vacations. If he wants her EOW he can have her but I can only pay for plane tickets once a month. Since we are taking it to court I am only going to agree to sring and summer breaks for a shorter period of time. i was being as nice as I could be but he has made it very difficult. He is a controlling man who just wants to control my life and always has.

 

[GrowUp!]

First of all my CO doesnt say anything about me relocating,

Irrelevant. It's the law. It's impossible to put everything in every order. There would be no trees -- anywhere -- if that happened.

second we were not married when I had her so when she wass 2 he leitimized her.

Irrelevant. He is DAD -- just like you are MOM. You both have legal rights and you do not supercede his.

I gave him a 30 notice that I qas moving and that should have been all I needed to do.

What YOU "think" means nothing. Do you think you should have the legal right to pack up and move to whereever you damn well please? In some states, the CP is required to give NO LESS than 60 days notice.

He sees her EOW now and when we move I have agreed to let him have her 1x a month and all school vacations.

So why should his PARENTAL relationship with his child be short-changed because of you again? Since he does have a relationship with the child, there's even more against you moving with the child.

] If he wants her EOW he can have her but I can only pay for plane tickets once a month.

Wrong. That's not how it works -- and he does not have to agreed to pay for any additional transportation since YOU are the one creating the distance. Unless you're willing to give him a SUBSTANTIAL break in child support to cover additional costs YOU are creating.

Since we are taking it to court I am only going to agree to sring and summer breaks for a shorter period of time.

And rest assured, you will lose. You do not get to call the shots and if you think that you're going to go into court with the "I have uterus therefore I have more rights than he does", your ass is grass.

i was being as nice as I could be but he has made it very difficult. He is a controlling man who just wants to control my life and always has.

Quit acting like a whiney immature bitch. He is not making it difficult. He is fighting to not have his relationship with his child interferred with because YOU want to move.

I also noticed how you ignored the questions I asked...which only proves you did put the buggy before the horse. I'll bet that you'll be staying put, unless you decide to switch roles if this job is THAT important to you.

 

[Byzantium]

GrowUp! took the words right out of my mouth, but I had this typed up earlier and didn't hit the submit button, so here it is. Sorry for repeating a lot of what GrowUp! said.

First of all my CO doesnt say anything about me relocating,

That means nothing. A quick google reveals that in 1999, GA law said you have to notify him 60 days before the move. I don't have time to see if they changed the law since 99, but I doubt they did. http://www.legis.state.ga.us/legis/1999_00/fulltext/hb1590.htm

Your CO probably doesn't say anything about beating your kid, but I betcha it's still illegal.

second we were not married when I had her so when she wass 2 he leitimized her.

Not relevant.

I gave him a 30 notice that I qas moving and that should have been all I needed to do.

The law trumps your opinion.

He sees her EOW now and when we move I have agreed to let him have her 1x a month and all school vacations. If he wants her EOW he can have her but I can only pay for plane tickets once a month.

So you're cutting his visitation in half because you can't afford it.

Since we are taking it to court I am only going to agree to sring and summer breaks for a shorter period of time. i was being as nice as I could be but he has made it very difficult. He is a controlling man who just wants to control my life and always has.

And now you're using your child for revenge against him because he disagrees with you cutting his time in half because you can't afford it.

I'm in a similar situation where the mother came by my house one day and said she was moving in 30 days. It took 3 weeks to get an appointment with my attorney, have him draw up the paperwork, file it with the court and get her served a few days before leaving. The law requires 60 days notice for a reason.

 

[powerline]

GrowUp! took the words right out of my mouth, but I had this typed up earlier and didn't hit the submit button, so here it is. Sorry for repeating a lot of what GrowUp! said.



That means nothing. A quick google reveals that in 1999, GA law said you have to notify him 60 days before the move. I don't have time to see if they changed the law since 99, but I doubt they did. http://www.legis.state.ga.us/legis/1999_00/fulltext/hb1590.htm

Your CO probably doesn't say anything about beating your kid, but I betcha it's still illegal.



Not relevant.



The law trumps your opinion.



So you're cutting his visitation in half because you can't afford it.



And now you're using your child for revenge against him because he disagrees with you cutting his time in half because you can't afford it.

I'm in a similar situation where the mother came by my house one day and said she was moving in 30 days. It took 3 weeks to get an appointment with my attorney, have him draw up the paperwork, file it with the court and get her served a few days before leaving. The law requires 60 days notice for a reason.

I am not cutting his time in half actually he would be getting her more. It is not revenge either but I am not at the mercy of him forever. I have my own brain and my own life he cannot rule me forever b/c we had a child. Sheis the most important to me but then again I dont drink and drive with her Hell I dont even drink. I alos dont have sexual relationships with a different person every week in her presence, so dont judge me I just need facts. and the fact is ppl move across state lines every day and i am gonna be one of them if I have anything to do with it. And I can and will be a BITCH to whomever wants to push me. I have taken **** from men who think they can abuse women and take all of my money and I am through, I am stronger now due to those jerks.

 

[Byzantium]

I am not cutting his time in half actually he would be getting her more. It is not revenge either but I am not at the mercy of him forever. I have my own brain and my own life he cannot rule me forever b/c we had a child. Sheis the most important to me but then again I dont drink and drive with her Hell I dont even drink. I alos dont have sexual relationships with a different person every week in her presence, so dont judge me I just need facts. and the fact is ppl move across state lines every day and i am gonna be one of them if I have anything to do with it. And I can and will be a BITCH to whomever wants to push me. I have taken **** from men who think they can abuse women and take all of my money and I am through, I am stronger now due to those jerks.

Sorry, I wasn't trying to judge you, I was just giving you the facts. You're supposed to notify him 60 days in advance and just because you didn't doesn't make it an emergency. He has every right in the world to object to his daughter being moved away and he is doing so. There's no reason to cut his visitation just because he didn't automatically go along with your plan.

If his drinking and sexual habits are true, prove it and do something about it. Otherwise, you were planning to send her to his house all summer, so it must not be too bad.

 

[powerline]

I am under alot of stress and noone has to apologize for their opinion. I need to be more open minded I know, but I am very worried. I do think his habits are bad andI dont want her with him for the whole summer or anytime for that matter. There is a history in his family of sexual abuse but it was a very long time ago before I even met him. It was not him but I have always had it in the back of my mind b/c it was one of his parents. I am hoping that this will be addressed in our court hearing. I have not brought up this issue b/c his parent is well known in our town and this could ruin him. But at this point I dont care I am looking out for my childs best interest I think. I have never let her stay with that family member but the things that her father does makes me very uncomfortable. She is 11 and he still lets her sleep with him, or up until this court stuff started he did. As long as he knows I am watching him I think she is safe but if I were not here he might change, that is just the way I feel so I am hoping they rule for supervised until he gets his drinking and sexual habits in under control. maybe counseling or something. I am sorry if I sounded a little bitchy before I just want whats best for my girl.