What is the name of your state (only U.S. law)? Georgia
I'm in a spot. My attorney has filed the petition for custody modification. Based on more than one change in circumstances, one of them being ex's notification of residential move; and one of the issues of the move being a consequence of impeding visitation as set forth in our original and only orders. Ex has known of the petition since mid-end of May, but evaded service and went ahead and moved (75 miles away) (and before the required 30 days after notification to me). She was actually finally served with the cust mod petition via private process on June 25. There is a 'Bench Trial' set for August 22. As of the last conversation I had with my attorney (on July 25), there is/was supposed to be an emergency hearing before that.
I have attempted to have a discussion with my attorney for 5 days now, and have been unsuccessful. I'm very stressed right now, not only because I have no clue what's going on with the case, but also because I have needed legal advice and have had to make certain decisions on my own this past week that really needed legal guidance. I've done my best based on information I research on this site.
(Side question: any advice on what it means when an attorney won't let you know what's happening? and how else to communicate when you leave a message once a day with him on his cell VM, or with his secretary at the office, and don't receive a call back?)
Legal issue coming up where I need advice from him but am worried I won't get it in time:
At this point, ex has registered our son for school in her location, and he starts there Monday, August 8. Our summer schedule is over as of this coming Sunday (tomorrow), and now the distance rears its ugly head even worse than it has over the summer.
Our orders state nothing about relocation of either parent. We have joint legal, she has primary physical. The orders are very vague regarding transportation by either parent. There is a statement "In the event they cannot agree, Husband shall have the right to physical custody of the child at the times specified later in this section."
"Husband shall physical custody of the child EOW from Fri at 3:30 p/m until Monday morning, with Husband returning the minor child to school on Monday morning. ... ... Every Wed from 3:30 p/m until the following morning when Husband shall return the minor child to school."
Clearly the above is impracticable. The distance is not 75 miles in a rural area. It would take about 4 hours to go between my home, his school, my work.
Does anyone have any advice on what I can, should, and must do here?
It appears based on our order, which just assumed we'd always live within 20 miles of each other or something, that I have the onus of all the transportation here. Specifically I think I have the responsibility of transportation 'back' for sure. And the fact is, if I want to see him at all, since the orders are unclear on transportation 'to', looks like it's on me as well, because she will *very* likely not bring him to me.
Legal advice on what to do with this? I won't 'die' over one or two weeks of lessened visitation, but in my experience with her and her attorney, our trial will get keep getting moved (last time it dragged out a year and a half). I fear the answer will be 'file xyz with the court'. Is there anything legally that I can, should, or must do in communication with ex in attempts to be with our son?
With this 'Bench Trial' set for Aug 22, even if her attorney drags this out, can at least this issue be addressed on that date? I just don't know how this works
I'm in a spot. My attorney has filed the petition for custody modification. Based on more than one change in circumstances, one of them being ex's notification of residential move; and one of the issues of the move being a consequence of impeding visitation as set forth in our original and only orders. Ex has known of the petition since mid-end of May, but evaded service and went ahead and moved (75 miles away) (and before the required 30 days after notification to me). She was actually finally served with the cust mod petition via private process on June 25. There is a 'Bench Trial' set for August 22. As of the last conversation I had with my attorney (on July 25), there is/was supposed to be an emergency hearing before that.
I have attempted to have a discussion with my attorney for 5 days now, and have been unsuccessful. I'm very stressed right now, not only because I have no clue what's going on with the case, but also because I have needed legal advice and have had to make certain decisions on my own this past week that really needed legal guidance. I've done my best based on information I research on this site.
(Side question: any advice on what it means when an attorney won't let you know what's happening? and how else to communicate when you leave a message once a day with him on his cell VM, or with his secretary at the office, and don't receive a call back?)
Legal issue coming up where I need advice from him but am worried I won't get it in time:
At this point, ex has registered our son for school in her location, and he starts there Monday, August 8. Our summer schedule is over as of this coming Sunday (tomorrow), and now the distance rears its ugly head even worse than it has over the summer.
Our orders state nothing about relocation of either parent. We have joint legal, she has primary physical. The orders are very vague regarding transportation by either parent. There is a statement "In the event they cannot agree, Husband shall have the right to physical custody of the child at the times specified later in this section."
"Husband shall physical custody of the child EOW from Fri at 3:30 p/m until Monday morning, with Husband returning the minor child to school on Monday morning. ... ... Every Wed from 3:30 p/m until the following morning when Husband shall return the minor child to school."
Clearly the above is impracticable. The distance is not 75 miles in a rural area. It would take about 4 hours to go between my home, his school, my work.
Does anyone have any advice on what I can, should, and must do here?
It appears based on our order, which just assumed we'd always live within 20 miles of each other or something, that I have the onus of all the transportation here. Specifically I think I have the responsibility of transportation 'back' for sure. And the fact is, if I want to see him at all, since the orders are unclear on transportation 'to', looks like it's on me as well, because she will *very* likely not bring him to me.
Legal advice on what to do with this? I won't 'die' over one or two weeks of lessened visitation, but in my experience with her and her attorney, our trial will get keep getting moved (last time it dragged out a year and a half). I fear the answer will be 'file xyz with the court'. Is there anything legally that I can, should, or must do in communication with ex in attempts to be with our son?
With this 'Bench Trial' set for Aug 22, even if her attorney drags this out, can at least this issue be addressed on that date? I just don't know how this works
