Divorce and Custody in separate states

[KEggleston]

New York (mother) & Georgia (Father)

My estranged husband reneged on our verbal custody agreement and has filed for divorce in a different state. As part of the divorce I am not allowed to take my children out of the county he lives in. Should I stay in New York (where I have a great job and a nice house)and fight for custody; or would it be more beneficial to move back to Georgia (where I would have no job and no place to live) and fight for custody there?

I have not been served any paperwork. I was notified just yesterday (7/14/13) when I called to make arrangements to pick up my children.

I will be contacting an attorney later today, but would appreciate just getting a feel for what I should be planning.

Thank you

 

[Bali Hai]

New York (mother) & Georgia (Father)

My estranged husband reneged on our verbal custody agreement and has filed for divorce in a different state. As part of the divorce I am not allowed to take my children out of the county he lives in. Should I stay in New York (where I have a great job and a nice house)and fight for custody; or would it be more beneficial to move back to Georgia (where I would have no job and no place to live) and fight for custody there?

I have not been served any paperwork. I was notified just yesterday (7/14/13) when I called to make arrangements to pick up my children.

I will be contacting an attorney later today, but would appreciate just getting a feel for what I should be planning.

Thank you

What means more to you, your house and job in NY or your children?

 

[LdiJ]

New York (mother) & Georgia (Father)

My estranged husband reneged on our verbal custody agreement and has filed for divorce in a different state. As part of the divorce I am not allowed to take my children out of the county he lives in. Should I stay in New York (where I have a great job and a nice house)and fight for custody; or would it be more beneficial to move back to Georgia (where I would have no job and no place to live) and fight for custody there?

I have not been served any paperwork. I was notified just yesterday (7/14/13) when I called to make arrangements to pick up my children.

I will be contacting an attorney later today, but would appreciate just getting a feel for what I should be planning.

Thank you

How long have you lived in NY, and where have the children been living during that time period?

 

[KEggleston]

My children mean more (and that was pretty hurtful) but I need to give myself the best chance at joint custody and I don't know what would look better in the eyes of the court.

I have been in NY for six months. Their father was originally planning to move here as well (this is "back home" for us). The kids are currently living with him, and have been for six months, with the agreement that they would move up here with me before school starts.

 

[ecmst12]

Then filing in their state of residence is proper and it is unlikely that you will get permission to relocate them without his agreement.

 

[stealth2]

Well, living in NY and GA is going to be difficult, depending on what you consider joint custody to look like.

However, with the kids having lived in GA for over 6mos and Dad has filed? That's where custody is going to be determined. Since they are already in school there, and your agreement was verbal? I would expect - should you choose to stay in NY - that you will have the kids alternating holidays and breaks, and most of the summer. I doubt the court will order the kids to move to NY with you.

It's up to you if that is acceptable.

 

[KEggleston]

Thank you

I don't have a problem re-relocating there. I would ABSOLUTELY prefer to have them living with me, or as close to that as possible.

 

[stealth2]

I don't have a problem re-relocating there. I would ABSOLUTELY prefer to have them living with me, or as close to that as possible.

You'll have to see what GA does wrt joint custody (joint legal is definitely not an issue - it's physical you need to look at). But I doubt that you will get primary custody, as you have left the kids with Dad for as long as you have. Something approaching 50/50 is going to be the best you will get. I WOULD strongly recommend an attorney in GA, though.

 

[KEggleston]

Just one more thing

So, it looks like in order to get a shot at even seeing my kids regularly, I'll be moving back to GA.

Do I have 30 days since the filing date to reply or 30 days since the service date? Because I haven't been served yet.

 

[stealth2]

I don't know how GA works. Most often? I believe 30 days from service. BUT ... you know. So sooner is better than later. Better to be proactive than reactive.

And yes, if you want to be a regular part of their lives? Move back to GA. ASAP.

 

[TheGeekess]

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://dcss.dhs.georgia.gov/child-access-visitation

Child Support calculator: http://www.georgiacourts.gov/csc/

 

[Doreen]

...Do I have 30 days since the filing date to reply or 30 days since the service date? Because I haven't been served yet.

When you are served, the summons notice included with the Petition should specify this. It may be 20 days, but either way will be tolled from the time you are served.