initial information request

[nygadad]

Dear Socrateaser,

Firstly just wanted to say that I admire your dedication and obvious desire to help those who are having troubles.

Background:  I am NCP. Divorced in 96 in Augusta, GA.  BM (CP) moved from Augusta to Atlanta, after which point I drove to pick up kids for visitation.  In 98 I had to move to NY in order to be with family and find work.  Fell very far behind on CS, unfortunately.  CP has been allowing visitation to NY since 2003, splitting cost.  

Original Custody agreement still the only one filed, no changes- generally states weekend and holiday visitation.  

Questions are as follows:

1.  What are the legal grounds for chaning wh the CP is?

2.  If you are familiar with GA, do the courts ever exhibit any leeway for fairness or are these issues only resolved on legal grounds?

3.  Do you know if there are any issues regarding CS or custody/visitation that could be handled by NY courts. or does GA have jurisdiction over all matters?

Thanks!

[socrateaser]

>Questions are as follows:
>
>1.  What are the legal grounds for chaning wh the CP is?

Clear and convincing change in circumstances affecting the child(ren)'s best interests. This means that you must show that the children's lives have changed adversely since the last custody orders, in a manner that can be remedied by naming you the primary custodian. In practice, this usually requires that you show that the other parent is affirmatively harming the child(ren)'s interests, such as by abuse, neglect, or by placing the children in actual or reasonably likely injury.

Also, peculiar to GA law, a 13+ year old child can file an affidavit with the court, stating that the child wishes to reside with the other parent, and the court will order it, regardless of the current custodial arrangements.

>2.  If you are familiar with GA, do the courts ever exhibit
>any leeway for fairness or are these issues only resolved on
>legal grounds?

Family courts operate within a hybrid of equitable and legal authorities. Your question implies that you do not believe that the GA courts are fair. A family law court is traditionally a court of equity (fairness), however, modernly, state legislatures have generally destroyed the ability of the family courts to do equity, by creating especially coercive rules that remove most of the descretionary powers from the judge. This is probably unconstitutional under many state constitutions (as for GA, I don't really know, and don't have time to research the question), however, as long as the courts honor the legislature's mandates, then they are the law and you must deal with this as the "way it is."

It's not the courts that are unfair, it's the legislative enactments that create the unfairness. You're only real chance of changing this is to complain to your state legislative representatives. Unfortunately, as you have moved from GA, you have no vote, therefore, you are completely at the mercy of GA law, because as a non resident, you have no representation in GA.

>3.  Do you know if there are any issues regarding CS or
>custody/visitation that could be handled by NY courts. or does
>GA have jurisdiction over all matters?

As long as any of the original parties to the GA dissolution remain residents of GA, the GA courts control your case entirely. NY has no jurisdiction whatsoever, except, that if the other parent registers the existing orders in NY, she can ask a NY court to enforce those orders against you, such as for contempt for non payment of arrears.

However, you cannot institute anything in NY, because none of the other parties to the original judgment, have any contact with the NY jurisdiction.