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Options to not give kids to GP, my rights?

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FL2020

Member
What is the name of your state? Florida (just moved to Florida In February) but case was filed in GA.

Need help! It’s very complicated, will try to give you short version.
Married almost 8 years, husband got on antidepressants and started drinking heavily. He comes from very wealthy family and too proud to send him to rehab when I asked for help. He ended up pulling gun with silencer on me then attacking me. Our home surveillance recorded it all. Kids were home but in bed. We left.
My parents ended up seeing video and called police. My mom didn’t realize what trouble he was looking at. Once she learned he could be sent away for 10 years in prison she mentally flipped bc of guilt I guess and turned on me in mean time. She pulled strings and did everything she could to try and keep him from going to prison. She got him down to jail and a trustee instead prison and Approx 2 years. He was sentenced last September. It was easier to blame me instead of accept he had major problems. He’s a great manipulator and lied even though I had video. He would some how twist things. Home was broken into 3 times during separation (later figured out passports, birth certificates, documents stolen).
After he went to jail and divorce finalized the very next day I was served with grandparent rights. Ex in-laws and my parents teamed together. My lawyer said they didn’t have a case really bc I was a fit mother (never been in trouble). I was a stay at home mom and live for my kids (7 yr old daughter & 5 yr old son). Both grandparents are wealthy and throw their power around. My parents are very involved in town and over community club, etc.They know everyone. They have a lot of pull. Well ended up judge gave them 100% of what they proposed. My lawyer and I were shocked. They didn’t even meet the requirements. Judge didn’t even care it over lapped with fathers visitation when he gets out. Once father is free I will only have my kids one weekend a month and no holidays as I have to share with both GP and dad. It’s not right! Other family are against my parents and have told me my mom is crazy enough to try to pull emergency custody. I’m afraid judge will give my parents anything they want. I am scared to give my kids to them. I moved to Florida to where I had family to help since judge said it was my decision since ex is incarcerated and no money.
GP tell kids things they should never know, like the arguments, or they divide me and kids and make kids question me. It’s not ok at all. My daughter is very mature and smart for her age and sees right through it, bc of this they don’t really care to see GP. They also saw them screaming at me and scared them. This is all about control more then anything else.
Have been told the goal is to push me out of kids lives. Parents and ex in-laws have admitted they want to raise my kids as their own. They don’t care how much $ they spend. I’ve been left broke and everything taken away from us.
Another note, I’m scared once father gets out he will disappear with kids. Out of country would be easy for him. But in mean time I am scared GP will get kids and not give back.
I need 6 months FL residency to refile in Florida (which will be September). Can I get arrested for not giving kids to GP if I’m in Florida? I have Private investigators on us, it’s very apparent, family in Florida have even noticed. We are practically being tortured. Always nervous about what’s going to happen next.
My kids have never been more then maybe 4 days without me. I can’t let this happen.
obviously money and power control the court system and they have made sure to leave kids and I broke to not be able to fight back.
please help with any advice!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Florida (just moved to Florida In February) but case was filed in GA.

Need help! It’s very complicated, will try to give you short version.
Married almost 8 years, husband got on antidepressants and started drinking heavily. He comes from very wealthy family and too proud to send him to rehab when I asked for help. He ended up pulling gun with silencer on me then attacking me. Our home surveillance recorded it all. Kids were home but in bed. We left.
My parents ended up seeing video and called police. My mom didn’t realize what trouble he was looking at. Once she learned he could be sent away for 10 years in prison she mentally flipped bc of guilt I guess and turned on me in mean time. She pulled strings and did everything she could to try and keep him from going to prison. She got him down to jail and a trustee instead prison and Approx 2 years. He was sentenced last September. It was easier to blame me instead of accept he had major problems. He’s a great manipulator and lied even though I had video. He would some how twist things. Home was broken into 3 times during separation (later figured out passports, birth certificates, documents stolen).
After he went to jail and divorce finalized the very next day I was served with grandparent rights. Ex in-laws and my parents teamed together. My lawyer said they didn’t have a case really bc I was a fit mother (never been in trouble). I was a stay at home mom and live for my kids (7 yr old daughter & 5 yr old son). Both grandparents are wealthy and throw their power around. My parents are very involved in town and over community club, etc.They know everyone. They have a lot of pull. Well ended up judge gave them 100% of what they proposed. My lawyer and I were shocked. They didn’t even meet the requirements. Judge didn’t even care it over lapped with fathers visitation when he gets out. Once father is free I will only have my kids one weekend a month and no holidays as I have to share with both GP and dad. It’s not right! Other family are against my parents and have told me my mom is crazy enough to try to pull emergency custody. I’m afraid judge will give my parents anything they want. I am scared to give my kids to them. I moved to Florida to where I had family to help since judge said it was my decision since ex is incarcerated and no money.
GP tell kids things they should never know, like the arguments, or they divide me and kids and make kids question me. It’s not ok at all. My daughter is very mature and smart for her age and sees right through it, bc of this they don’t really care to see GP. They also saw them screaming at me and scared them. This is all about control more then anything else.
Have been told the goal is to push me out of kids lives. Parents and ex in-laws have admitted they want to raise my kids as their own. They don’t care how much $ they spend. I’ve been left broke and everything taken away from us.
Another note, I’m scared once father gets out he will disappear with kids. Out of country would be easy for him. But in mean time I am scared GP will get kids and not give back.
I need 6 months FL residency to refile in Florida (which will be September). Can I get arrested for not giving kids to GP if I’m in Florida? I have Private investigators on us, it’s very apparent, family in Florida have even noticed. We are practically being tortured. Always nervous about what’s going to happen next.
My kids have never been more then maybe 4 days without me. I can’t let this happen.
obviously money and power control the court system and they have made sure to leave kids and I broke to not be able to fight back.
please help with any advice!
Did your lawyer condone your flight from the state as a means to interfere with the court-ordered visitation? I can't imagine that he did...because that would be condoning your commission of a felony (interference with custody https://law.justia.com/codes/georgia/2014/title-16/chapter-5/article-3/section-16-5-45 )

You cannot simply "refile" in Florida, even when you've been there 6 months. You may find yourself in PRISON for a fair period of time.
 

LdiJ

Senior Member
What is the name of your state? Florida (just moved to Florida In February) but case was filed in GA.

Need help! It’s very complicated, will try to give you short version.
Married almost 8 years, husband got on antidepressants and started drinking heavily. He comes from very wealthy family and too proud to send him to rehab when I asked for help. He ended up pulling gun with silencer on me then attacking me. Our home surveillance recorded it all. Kids were home but in bed. We left.
My parents ended up seeing video and called police. My mom didn’t realize what trouble he was looking at. Once she learned he could be sent away for 10 years in prison she mentally flipped bc of guilt I guess and turned on me in mean time. She pulled strings and did everything she could to try and keep him from going to prison. She got him down to jail and a trustee instead prison and Approx 2 years. He was sentenced last September. It was easier to blame me instead of accept he had major problems. He’s a great manipulator and lied even though I had video. He would some how twist things. Home was broken into 3 times during separation (later figured out passports, birth certificates, documents stolen).
After he went to jail and divorce finalized the very next day I was served with grandparent rights. Ex in-laws and my parents teamed together. My lawyer said they didn’t have a case really bc I was a fit mother (never been in trouble). I was a stay at home mom and live for my kids (7 yr old daughter & 5 yr old son). Both grandparents are wealthy and throw their power around. My parents are very involved in town and over community club, etc.They know everyone. They have a lot of pull. Well ended up judge gave them 100% of what they proposed. My lawyer and I were shocked. They didn’t even meet the requirements. Judge didn’t even care it over lapped with fathers visitation when he gets out. Once father is free I will only have my kids one weekend a month and no holidays as I have to share with both GP and dad. It’s not right! Other family are against my parents and have told me my mom is crazy enough to try to pull emergency custody. I’m afraid judge will give my parents anything they want. I am scared to give my kids to them. I moved to Florida to where I had family to help since judge said it was my decision since ex is incarcerated and no money.
GP tell kids things they should never know, like the arguments, or they divide me and kids and make kids question me. It’s not ok at all. My daughter is very mature and smart for her age and sees right through it, bc of this they don’t really care to see GP. They also saw them screaming at me and scared them. This is all about control more then anything else.
Have been told the goal is to push me out of kids lives. Parents and ex in-laws have admitted they want to raise my kids as their own. They don’t care how much $ they spend. I’ve been left broke and everything taken away from us.
Another note, I’m scared once father gets out he will disappear with kids. Out of country would be easy for him. But in mean time I am scared GP will get kids and not give back.
I need 6 months FL residency to refile in Florida (which will be September). Can I get arrested for not giving kids to GP if I’m in Florida? I have Private investigators on us, it’s very apparent, family in Florida have even noticed. We are practically being tortured. Always nervous about what’s going to happen next.
My kids have never been more then maybe 4 days without me. I can’t let this happen.
obviously money and power control the court system and they have made sure to leave kids and I broke to not be able to fight back.
please help with any advice!
No, you cannot be arrested for denying grandparents visitation, even court ordered visitation. At least not at first and not as long as you are in Florida. The judge who ordered the grandparent visitation has no jurisdiction outside of his area. The grandparent could take you back to court for contempt for not allowing the visitation, and could try to get a judge to order an arrest warrant for your failure to appear in court, but as long as you stay out of GA you are not going to be arrested unless you have some other, negative contact with police in FL, and even then, the odds of you being extradited are extremely slim.

What you really should have done was appealed the judge's order. It may be too late to do that now, but discuss that with your attorney. With the case law that is prevalent in GA, I am really surprized that a judge would give that kind of visitation to grandparents.
 

Zigner

Senior Member, Non-Attorney
No, you cannot be ...blah blah blah
Did you read the LAW? You've never heard of people being arrested for felony warrants issued in another state?

You really need to delete and/or edit your post to correct your dangerous misinformation.
 

LdiJ

Senior Member
Did you read the LAW? You've never heard of people being arrested for felony warrants issued in another state?
Zig, it certainly would not be a felony warrant. These are grandparents, not parents with parental rights. If you knew anything about the subject of gpv, you would know that.
 

Zigner

Senior Member, Non-Attorney
Zig, it certainly would not be a felony warrant. These are grandparents, not parents with parental rights. If you knew anything about the subject of gpv, you would know that.
It's obvious that you didn't read the law, specifically these portions:

(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.

(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.
 

Zigner

Senior Member, Non-Attorney
I will acknowledge that that section might not apply if the OP can show that her reason for leaving the state was not to keep the kids away from the court-ordered visitation, but if you read the law, even if it doesn't apply, continued failure to follow the court ordered visitation can result in a felony.
 

FL2020

Member
Judge gave me permission to move in divorce. He said his hands were tied (when ex was fighting for me to stay with kids) bc he could not force ex to pay anything while incarcerated and I have to survive with my kids and do what I need to do. The very next day of the final court for divorce I was served GP rights papers. The only good thing the judge did was not go back on his word about me moving to Florida. So I didn’t just flee.
If I hand my kids over I will not see them for a long time as I know my mother will pull the emergency custody over simply a scratch or anything and I know she has some kind of pull in our county in GA and judge will agree to anything she says.
 

Zigner

Senior Member, Non-Attorney
Judge gave me permission to move in divorce. He said his hands were tied (when ex was fighting for me to stay with kids) bc he could not force ex to pay anything while incarcerated and I have to survive with my kids and do what I need to do. The very next day of the final court for divorce I was served GP rights papers. The only good thing the judge did was not go back on his word about me moving to Florida. So I didn’t just flee.
If I hand my kids over I will not see them for a long time as I know my mother will pull the emergency custody over simply a scratch or anything and I know she has some kind of pull in our county in GA and judge will agree to anything she says.
Please ignore LdiJ and understand that you must comply with the court orders. You should work with your attorney to file any appropriate appeals, etc.
 

LdiJ

Senior Member
It's obvious that you didn't read the law, specifically these portions:

(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.



(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.

[/QUOTE]

Zig, you might want to re-read what you just cited. Mom did not remove her child from GA in the lawful exercise of a visitation right. She is the only person with custody and she moved to FL lawfully. Mom is not removing the child from the state in order to exercise visitation rights and then refusing to return the child to the custodial parent.

Mom cannot commit the offense you cited because mom is the only person with any custody of the child. Seriously, read it again. The grandparents could commit that offense, but mom cannot.
 

Just Blue

Senior Member
What is the name of your state? Florida (just moved to Florida In February) but case was filed in GA.

Need help! It’s very complicated, will try to give you short version.
Married almost 8 years, husband got on antidepressants and started drinking heavily. He comes from very wealthy family and too proud to send him to rehab when I asked for help. He ended up pulling gun with silencer on me then attacking me. Our home surveillance recorded it all. Kids were home but in bed. We left.
My parents ended up seeing video and called police. My mom didn’t realize what trouble he was looking at. Once she learned he could be sent away for 10 years in prison she mentally flipped bc of guilt I guess and turned on me in mean time. She pulled strings and did everything she could to try and keep him from going to prison. She got him down to jail and a trustee instead prison and Approx 2 years. He was sentenced last September. It was easier to blame me instead of accept he had major problems. He’s a great manipulator and lied even though I had video. He would some how twist things. Home was broken into 3 times during separation (later figured out passports, birth certificates, documents stolen).
After he went to jail and divorce finalized the very next day I was served with grandparent rights. Ex in-laws and my parents teamed together. My lawyer said they didn’t have a case really bc I was a fit mother (never been in trouble). I was a stay at home mom and live for my kids (7 yr old daughter & 5 yr old son). Both grandparents are wealthy and throw their power around. My parents are very involved in town and over community club, etc.They know everyone. They have a lot of pull. Well ended up judge gave them 100% of what they proposed. My lawyer and I were shocked. They didn’t even meet the requirements. Judge didn’t even care it over lapped with fathers visitation when he gets out. Once father is free I will only have my kids one weekend a month and no holidays as I have to share with both GP and dad. It’s not right! Other family are against my parents and have told me my mom is crazy enough to try to pull emergency custody. I’m afraid judge will give my parents anything they want. I am scared to give my kids to them. I moved to Florida to where I had family to help since judge said it was my decision since ex is incarcerated and no money.
GP tell kids things they should never know, like the arguments, or they divide me and kids and make kids question me. It’s not ok at all. My daughter is very mature and smart for her age and sees right through it, bc of this they don’t really care to see GP. They also saw them screaming at me and scared them. This is all about control more then anything else.
Have been told the goal is to push me out of kids lives. Parents and ex in-laws have admitted they want to raise my kids as their own. They don’t care how much $ they spend. I’ve been left broke and everything taken away from us.
Another note, I’m scared once father gets out he will disappear with kids. Out of country would be easy for him. But in mean time I am scared GP will get kids and not give back.
I need 6 months FL residency to refile in Florida (which will be September). Can I get arrested for not giving kids to GP if I’m in Florida? I have Private investigators on us, it’s very apparent, family in Florida have even noticed. We are practically being tortured. Always nervous about what’s going to happen next.
My kids have never been more then maybe 4 days without me. I can’t let this happen.
obviously money and power control the court system and they have made sure to leave kids and I broke to not be able to fight back.
please help with any advice!
Why did your parents file for GPV? Were you not allowing the children to see them?

GA has jurisdiction, and it will stay there.
 

LdiJ

Senior Member
Please ignore LdiJ and understand that you must comply with the court orders. You should work with your attorney to file any appropriate appeals, etc.
Please ignore both of us before you pay any attention to Zigner. He cited a law that cannot even apply to you. Talk to your attorney in GA and then get a consult with an attorney in FL who is familiar with gpv.
 

Zigner

Senior Member, Non-Attorney
Please ignore both of us before you pay any attention to Zigner. He cited a law that cannot even apply to you. Talk to your attorney in GA and then get a consult with an attorney in FL who is familiar with gpv.
The law can certainly apply to her. At least we can both agree upon the fact that this OP needs to speak to her attorney. I'm not sure why you feel a consult with a FL attorney is appropriate though.
 

LdiJ

Senior Member
The law can certainly apply to her. At least we can both agree upon the fact that this OP needs to speak to her attorney. I'm not sure why you feel a consult with a FL attorney is appropriate though.
It cannot! Re-read the danged law that you cited. You have read it completely wrong.

An FL can advise her as to how well she is protected in FL. Once she is a legal resident of FL she can petition the courts in FL to take jurisdiction of the case and an FL attorney can advise her of that. GPV is completely dead in FL, ruled unconstitutional.

On top of that, that ruling should never have happened in GA either, based on GA case law. Its unfortunate that she did not appeal.
 

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