Urgent!! I think my ex is going to flee!

[rblzwife]

I have been fighting soooo hard for the past year to have visitation with my kids.  FINALLY, the judge gave me a long summer visitation (to begin on Father's Day!!!) Anyway, after some snooping around, I found out that my ex might be planning on moving from South Georgia to North Carolina before my chance to spend the summer with my kids.  My 14 yr.old daughter was evasive when I asked her about it.  She said they don't know for sure if they are going to move.  I asked my lawyer, but he says we can't do anything until we know for sure.  My ex has kept my kids from me for over 3 years and my victory in court has made things worse! I am scared that she is going to run and I will have no way to find them. HELP!

[Davy]

I'm not an attorney nor am I familiar with Georgia custody statues.  However it is very common in these days to restrict the movement of children EVERY DAY ALL DAY LONG.  You don't have wait until it happens and you do not need a reason or an excuse/rumor.  You may have to motion that you are fearful of a relocation to another state (very costly) to PROTECT the children.   Focus on the children and their need to have a relationship with both parents.  In any filing also request the court ALWAYS be advised of the physical location of the children and DEMAND any relocation be with the written approval of both parents.

At this point, you need an immediate hearing or ex-parte (without notice) hearing.

By the way, your atty sucks royal if you live in the same community and have'nt had unfretted access to your children for 3 years BUT most of us understand.

Best of luck and hoping for the best to you and your children.

[proudofmyboys]

I agree with Davy. You need to get that agreement in writing ASAP. Don't wait around any longer and keep up the good fight. I completely know what you mean about fighting for your time and if she leaves it's just going to make life that much for the worse for you and your girl.

You should ask the court or an attorney about how to get this done.  

TIP: Use a different attorney than the one you currently have cuz he/she certainly does suck. Davey's right on that one.

I have that kind of arrangement in my parenting plan thankfully. I'd NEVER allow her to move away from me but IF it ever happened I'd follow and I'd move right across the street too.

We're pulling for you bro!!

[rblzwife]

Just as I thought, she moved!
I picked up my kids on friday for a two week visit and i when i mentioned the court order she laughed and told me that the order didn't mean anything to her because she didn't reside in georgia anymore.  i have found out from my kids that they are living in NC.  i contacted my attorney and he says that we can't do anything until she breaks the order.  filing contempt won't do any good until we know exactly where to serve her?  i am so confused.  
btw, my ex called the kids tuesday and told them that she didn't want them anymore and she wasn't coming back for them, ever.  she told the same thing to me, that I won and i could have the kids.  my kids are hurting and i want it to stop.....
i have another 2 week visitation period for july but i am scared that if she gets them back on june 28 that i will NEVER see them again.

[proudofmyboys]

Time for some quick action on your part and your lawyer's part. The clock is ticking quickly now. You clearly should be the custodial parent since she doesn't want anything to do with the kids. Is she taking her meds?

Do all you can to keep them (which you obviously are) and then look into some kind of support group for them. They're going to need some counseling so they don't feel like the reason mom doesn't want them is their fault.

I want only the best for you and your kids. Ya'll deserve it.

[Giggles]

If she does not pick the kids back up on the 28th, then you need to file an EMERGENCY custody hearing (ex parte) to gain custody!!  

You will need to state in the petition that she said she didn't want them anymore and even told the kids that.  Your 14 y/o may have to give a deposition or whatever to corraberate what she told you.

Do seek counseling for them shortly there after!!  Also, if you are awarded custody then you may need to have the CS order changed as well.  Sometimes they don't do that automatically!!

[tigger]

jurisdictions through the courts, it's in force regardless of where she lives.

[Davy]

OF course you have significant issues going on since you're just now are being able to spend time with your kids after a 3 year absent.  NOW it appears mom is creating even greater turmoil for all concerned and like you previously said "made things worst".  

Is your 14 yr old daughter still evasive ?

Mom is still very much under the court order of the Georgia jurisdiction even though she relocated to North Carolina.  Of course  if you do not return the kids you will be in violation of the court order.  Do not give complete credibilty to the phone call, what mom said, or what the attorney contends that nothing can be done until she is not in compliance with the court order.

YOU and THE KIDS ABSOLUTELY NEED TO BE PROTECTED NOW.

PLEASE DO NOT WAIT UNTIL THE 28th WHEN THE CHILDREN ARE TO BE RETURNED TO AN ABUSIVE PARENT.

At the very least, mom's relocate constitutes a substantial change in circumstance and an order must be in place that the children are not to be removed from the South Georgia jurisdiction.  This would be a very common action in all jurisdictions.  Refer to the Parental Kidnapping Prevention  Act (Federal; PKPA) and the Uniform Child Custody Jurisdiction Act (all states; UCCJA).  Both the PKPA and the UCCJA are documented in the Custody section of he articles (bottom of page) on this site. The PKPA is easier reading.  AVOID interstate custody  circumstnces at all costs ASAP.  You can be a great guy and parent but in another state you will be the SOB and may never see your kids again.  


It will help right now if you can find a social worker or somebody like an unbiased 3rd party for the kids to speak with.  Also try to secure all the kids belongings ie clothes, bicycles, ball gloves, soccer balls, dance shoes, baby dolls, pets, etc any possession of importance to the kids...will make their transistion to your household much easier and is kinda defining moment.  

Like Proud suggested .. find support groups for the children (and yourself) ... relatives, other parents, churches, etc.  Continue to post here...there are many that relate to your circumstatnces.  While it is hectic with all the unknowns at the present time ... you will no doubt do whatever it takes to provide a loving, nuturing, structure environment in which the kids can / will thrive.  

Best to you and the kids !!  Later !

[rblzwife]

well, friends, it happened.  EVERYTHING that I feared came true!  She moved July 1, 2008 and took my kids.  She refused to tell me where they were.  Eventually, i found out they were outside Asheville, NC.  I tried to get them back for my 2nd two week visitation but she said "no" they wouldn't see me again.  I have had NO communication with my kids.  My now 15 year old daughter emails my wife on a regular basis, but won't discuss "emotional" things.  She responds sparingly to my messages to her on MYSPACE but nothing on the phone.  She asked me not to call the house phone because it makes her mom mad if I try to call.  I have had NO communication with my son.  I know they love me and miss me.  I took my case to the sheriff's department where the final order was issued and the distric attorney said there was nothing they could do because i did not have custody.  what the heck???  i have specific outlined visitation rights, a provision of our original divorce decree stated that she HAD to notify me (and the courts) within 30 days of moving.... I have a guardian ad litem report/testimony that says the kids WANT to see me....
I have EVERYTHING  BUT..... the money to keep fighting.
I am so hurt, sad, confused and disillusioned with what I thought my life would be like!!!  When my kids were little, I thought I would be the one taking them on vacation, playing football with them, listening to rants about "broken hearts" and all that kind of stuff.  Instead, I have to avoid calling them just so that they can have peace at home.  
Any advice?  

[gemini3]

I would file a motion for contempt, in GA, for failing to notify you prior to the move, and for denying court ordered visitation.  You don't need a lawyer to do this - but it is advisable.  The DA and Sherrif can't help you - but you do have options.  Ask the Clerk of Court what to do if you don't have her address.

The fact that you've waited for months to do this is going to work against you, but you still have a case.  Don't give up on your children.