NEED HELP ASAP!! SHOULD I TAKE THE DEAL?

[GADAD2004]

From what i was told, whether I fought it the next day or before the 6 month time period it didn't matter.  Since I had no legal rights to the kids because we were not married she could leave the state with the kids.  There is no court order at this time because the system is SO slow and she dragged her feet (and could and can get away with it).  I keep thinking to fight at all costs.   But I don't know if that will return my children any time soon.  Over 5 months now have gone by and my children are growing up without me.  Medation didn't do anything.  People on here were right, the plan had no thought put into it for her, me or the kids.  It was just thrown out there. 

I feel my lawyer is the "DOOM AND GLOOM" lawyer which is exactly what I didn't want.  When I did my research on him I was told he was good.  I'm disappointed in his position on things.  I feel I might want to find a different lawyer.  Do you think it would look bad on me if that happened?  I just don't feel my current lawyer is being agressive enough. 

I have heard a lot that GA courts keep kids in GA. 

DO I FIGHT AND ROLL THE DICE, OR DO I SETTLE FOR MORE THAN WHAT IS OFFERED??

HELP!

[Davy]

Except for the 6 month consideration which is actually only valid to maintain home state (GA) jurisdiction and then only if the abscounding parent filed in the foreign state (ie NJ) after the 6 months.  The " file right away / fighting chance " rhetoric is a joke and would be hillarious if these matters were not so serious.  Momofftoo makes these invalid insertions to turn the thread to accept the mother superior - possession is 99.9% bogus rule of law -  father relocates and MAYBE gets a visitation deal - sick mentality.   

In the day, attorneys would tell fathers that possession is 99.9% of the law and to FORGET your children ... they' ll PROBABLY try to find ya when they get much older.

The interstate uniform staues do not require marriage as a requirement to obtain possession of the children  and foreign states are required to respect and comply with the court orders of other states SO find a way to be named the custofial parent in GA (no opposing party present) and present order in NJ (sheriff) for a pick-up order and bring the kids home.

ONLY focus on the short and long term needs of the children and interview/manage attorneys/courts in that mindset.  Try not to say to much negative about the mother and always be polite.  R & R as much as possible and take good care of yourself for better functioning.

The system does not give a shit about your kids or you while Gramma and mom are waiting to be financially rewarded (ie kids for sale)....

[Momfortwo]

Momofftoo makes these invalid insertions to turn the thread to accept the mother superior - possession is 99.9% bogus rule of law -  father relocates and MAYBE gets a visitation deal - sick mentality.   

What an utterly assinine statement. 

He didn't file right away to show the courts that he wasn't okay with the move, this could lead a court to state that he accepted the move by his inaction (and this has happened before when one of the parents move away).  In fact, he moved out there.  And if he had anything sent there with his name on it, that is going to help the mother's case even more.  And may very well put jurisdiction in NJ. 

Sick mentality?  Wow,  you really do have issues, don't you?  I suggest that you work on them.  Now off to find out if there is a filter feature. 

[Davy]

It is so clear that you no nothing .. absolutely nothing.  What on earth was the left-behind parent suppose to file. 

What made-up defining moment or event do you have , other than your illogical general statements to indicate father approval of the move or secure jurisdiction over the father or any such fact....not conjecture.  You just don't make a lick of sense and what you say  is NOT the way it works.

[Momfortwo]

It is so clear that you no nothing .. absolutely nothing.  What on earth was the left-behind parent suppose to file. 

What made-up defining moment or event do you have , other than your illogical general statements to indicate father approval of the move or secure jurisdiction over the father or any such fact....not conjecture.  You just don't make a lick of sense and what you say  is NOT the way it works.

So I know nothing?  Because you say so?  Sorry, after reading several of your posts, it is clear that your attempted insult fell far short.   And it is equally clear that you really don't know much about what you are talking about.

It's called a RESTRAINING ORDER.  What would be in the restraining order, you might wonder?  Well, what it would say is that the mother has to bring the children back to the original state and that she would be prevented from moving the children out of state again while the matter of custody and parenting time is settled.   

Of course, too much time has passed for the father to be able to do this.  It's called implied consent.  That is how a judge MAY view his inaction.  And when it comes to light that he actually moved there to try to work things out, it's going to be more than implied consent.  It's going to be implicit consent.

[Davy]

For sake of clarity and to asist the OP I will continue with my own personal experience of being in a very similiar situation.  Just FYI, a Restraining Order looses it's strenght at the state line and, in addition, a judge in NJ has absolutely no personal or other jurisdiction over a Texan or a Californian or a Floridian or ... hopefully you get the point.  Really .. a parent can take their child any where without restraint and absent a custody order.  In the case at hand, the mother can not be restrained from taking the children to NJ absent a prohibitive custody order.  Likewise,  the father, if he chose, could have removed the children from NJ and legally returned them to GA since a court order is non-existent. 

When chldren cross state lines the Uniformed Child Custody Jurisdiction Act (UCCJA); or variation thereof, is invoked along with the accompanying Federal Statues Parental Kidnapping Prevention Act (PKPA).  Local practices go out the window.  There is not much room for a judges discretion as intended or the so-called "implied consent".  The statues are fairly straight forward.  The UCCJA/PKPA  require a 6 month custody filing to GUARANTEE home state jurisdiction and there is no other gitty-up-go file right away requirements or lost of a fighting chance barrier either by statue or practice.  Often a left-behind parent might use this time to try to locate the children, gather funds for attorneys, etc.  Personally, I held up filing against the wishes of the home state court because I didn't believe in divorce (home state did not bifurcate).

This GA father left home and traveled to NJ to attempt to resolve these matters.  GA home state jurisdiction would have been jeopardized had he been "served" in the NJ foreign state.  I only traveled to the foreign state under the cloak of darkness wearing a clown suit.  My foreign state was desperate to gain jurisdiction over my body based on significant connection standards ( I was born & raised & drafted from there, owned property, and had existing business contracts there; plus) but they clearly lost.  The PKPA was invoked and the kids and I won there also....

... I was the CP with standard long-distant court-ordered visitation paying all travel costs along with CS to the NCP ....some of you may want to chew on that a while.

I had excellent, competent attorneys in both the home state and the abscounded to state.  I spent hours in law libraries reviewing cases to confirm the advice I was given, looking for alternatives, and homing pro se'  skills.

I suspect the court will/does respect GADAD for his functioning as he has focused on the well-being of the children.  GADAD may want to consider retaining a well-versed interstate custody attorney or better yet a rule of law type attorney from outside the local good-ole-boy system.

Momofftoo..school is out ......

[Momfortwo]

Momofftoo..school is out ......

Too bad the so-called teacher didn't know anything.  Can I have a refund? 

To the original poster, move away cases are getting harder and harder for the CP to win.  In other words, it's not as easy as it was ages ago.  Unfortunately, enough time has passed that the courts will view you as having accepted it.
Case in point, a Georgia mother wanted to move to a different state, she lost custody.  Of course, the father fought it from the beginning. 

And if GA retains jurisdictions (and the sooner you file, the better chance you have of this) ALL issues regarding child support and custody will be handled in GA.    Which means that the mother is the one who travels to court, not you. 

[Kalkir]

Is there any way you two can argue your points without trying to score personal points on one another?  The peeing contest makes it hard to stay focused on the issues.

[Momfortwo]

Is there any way you two can argue your points without trying to score personal points on one another?  The peeing contest makes it hard to stay focused on the issues.

I am sorry, normally I don't stoop to the other person's level.  I will just try to ignore him in the future.  It would be helpful if this forum had an ignore user feature. 

[Kalkir]

I appreciate that, as you both have valid points despite the disparity in aspect.