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CP possibly Moving

Started by lovindad, Dec 12, 2006, 01:59:39 PM

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lovindad

Hi Soc.

All parties in GA.

CP has sole legal and physical, I (NCP) have visitation.

At this point in time, we live 50 miles apart and share driving responsibilities.

I have been told (not by CP) that CP is considering moving an additional 100 miles away from where she now resides.  This will put us 150 miles apart.

This will also take children 100 miles away from their entire immediate and extended family, with the exception of CP.

CP will not be moving for work or educational purposes, but to live with her boyfriend.  If she does move, she will marry him beforehand due to the Overnight Guest Rule in our paperwork.  This exact same scenario occured 2 years ago.

2 years ago CP moved 150 miles away during a weekend when I had the children for visitation.  She continued to meet me at the regular location for an additional 3 weeks before breaking that news.  This way there was little I could do since they were already moved and had been attending their new school for 3 weeks.  2 months later, following a 6 week marriage and divorce, they moved back.

Basically, I want to know if I have any recourse if and when she tries to do this again.

1.  If CP does move without notifying me, is there anything I can do so that she will be forced to move the children back?

2.  If CP does notify me that she is planning to move, is there anything I can do so that she will be unable to move with the children?

3.  Is it illegal for CP to move the children and enroll them in a new school without notifying me?

4.  Does the continued action of taking the children in and out of schools warrant any type of custody change?

Thanks Soc.

socrateaser

>1.  If CP does move without notifying me, is there anything I
>can do so that she will be forced to move the children back?

Probably not. If you're concerned, you should file a motion for a change in primary custodian and to restrain the relocation of the child(ren). Will your witness sign an affidavit about hearing the CP state that she "intends" to move in the very near future?

If not, this is all just speculation, because your witness said CP is only "considering" a move. That's not enough, in my opinion.
>
>2.  If CP does notify me that she is planning to move, is
>there anything I can do so that she will be unable to move
>with the children?

See above.

>
>3.  Is it illegal for CP to move the children and enroll them
>in a new school without notifying me?

Depends on your order and GA statute. Not enough facts.

>
>4.  Does the continued action of taking the children in and
>out of schools warrant any type of custody change?

Maybe, if it's clearly and convincingly not in the children's best interests.