Relocation and refusal to take custody

[loribeth]

Hi,

Been divorced from ex-husband for 8 years. Both of us remarried for about 5-6 years. My current husband has 2 boys, ages 7 and 11 that live in Atlanta. He has been consistently making the drive every 3rd week to be with them. We live in Florida and I have a 12-year old girl with ex. Ex has NOT been consistenly involved in her life, very sporadic and irregular visitation, has allowed her to dictate when she wants to come over (avg. 1-2 days/month), and we only live 15-20 min. apart. He simply doesn't want the responsibility. Current husband and I want to relocate to GA. We filed a petition, but ex is fighting it simply because I want to go, not because he actually cares about child. I have offered lots of visitation, even offered to decrease child support greatly in exchange for him letting us move.

Question: If I have offered him custody as we have to move but I can't take her with me, and he turns it down saying he doesn't want custody, can he still stop us from moving? In other words, I know the courts can't stop me and hubby from going, but can they make my daughter stay here if Dad doesn't want her? Then can we go without trouble?

Thanks so much for your help.
Lori in Florida

[socrateaser]

>Question: If I have offered him custody as we have to move but
>I can't take her with me, and he turns it down saying he
>doesn't want custody, can he still stop us from moving?

I'd say that the refusal to accept custody is pretty damaging to his case. But, if he suddenly changes his mind and accepts the offer, then what will you do?

Be careful what you wish for.