Emergency Hearing

[powerline]

Is moving out of state a significant change in circumstances and also I went to Ga Legislation and I think I read it correctly a bill that is going into effect 1/1/08 that if there was EVER any HISTORY of abuse that will effect the outcome of custody cases. I am not sure if that means before 1st decree or any and all abuse is to be heard no matter when it occured. This could be the ice breaker in my case.

 

[CJane]

Is moving out of state a significant change in circumstances

Yes, it is.

and also I went to Ga Legislation and I think I read it correctly a bill that is going into effect 1/1/08 that if there was EVER any HISTORY of abuse that will effect the outcome of custody cases. I am not sure if that means before 1st decree or any and all abuse is to be heard no matter when it occured. This could be the ice breaker in my case.

First of all, it doesn't matter until it goes into effect. Secondly, it cannot apply to abuse before your original decree. If his drinking and sexual habits existed prior to the first order for custody (including before you married him if you had knowledge of his habits), you CANNOT bring them up now. They're dead issues.

If you bring up sexual abuse 'in the family' now, you're only going to look like you're grasping at straws.

What you NEED to do to have a greater shot at moving with the child is make EVERY EFFORT to appear to the court as if you still want to facilitate visitation - with NO RESTRICTIONS.

So, you need to offer Dad 1 weekend/month, EVERY extended weekend from school, most of the summer (broken up if you can afford transportation for multiple visits), every other spring break, every other Christmas, every other Thanksgiving, etc. AND you need to be willing to provide transportation - probably via air (where are you moving to?).

 

[powerline]

I am planning on moving to FL, I say planning b/c I wont go if I would lose my daughter. I dont want to bring up anything in court except the facts about visitation. So I am going to take your advice, this is the best thing I have heard so far. I will contact my attorney tommorrow to type this up and take to mediation with me. Thank you so much. So what you are saying is just be honest and fair and dont try to condemn my ex in front of the judge and he might agree. I dont like being ugly b/c our daughter dotes on both of us, but she knows wahtr she wants. Her dad just doesnt do girl problems that well and she wants to stay with me.

 

[ProSeDadinMD]

So, you're trying to be fair? This sure soesn't sound like it:

I hired an attorney to fight my ex b/c I want to relocate

Neither does this:

... I dont want her with him for the whole summer or anytime for that matter.

I agree with everybody else that you are the only one that this is an emergency for.

Out of curiousity, how much time are you offering during breaks after you propose removing anywhere from 4 to 6 weeks(depending on if the EOW is 2 or 3 nights) of time that your ex spends you his child? Because going from EOW to 1x per month takes away 14 weekends that your child and ex could spend together, which does not equate with:

I am not cutting his time in half actually he would be getting her more.

 

[powerline]

additional info

OK so my ex has been behind on CS for 3 yrs now, he pays a little then quits his job and gets behind again, last yr, he quit his job right before Christmas, he didnt go back to work until after Christmas. He said Hell would freeze over before I got all my support. I turned him over to CSE and they have been able to enforce some of the money. He still behind about 800.00 we have a mediation date set up and now he is sending all that he owes me. I think he is doing this so it cant be used against him in court. Will I still be able to use the fact that he does not pay CS according to the orders. Will the judge look at this as a bad thing? I heard that his attorney would make him catch up if he found out he was behind so I was hoping he wouldnt find out. Please soemone give me some advice.

 

[CJane]

Will I still be able to use the fact that he does not pay CS according to the orders. Will the judge look at this as a bad thing? I heard that his attorney would make him catch up if he found out he was behind so I was hoping he wouldnt find out. Please soemone give me some advice.

Even if he was still behind by THOUSANDS, it's not likely to have any effect on the relocation unless you could also prove that the only reason he was seeking custody was to somehow get out of paying the arrears.