Visitation rights when kids are out of state

[Louis]

Me and my wife seperated January of 2008. She left Dayton Ohio and moved to Georgia in June of 2008. I have not seen my children since then. I want to go visit next month but she said get child support set up with visitation rights and then I can come see them. What rights to access do I have as a father and she and I are not divorced yet?

[awakenlynn]

I would say that because she has moved out of state and you did not follow her, you need to speak with an attorney in her state since that is where the kids are.  Each state is different when it comes to visitation and child support.  BUT in general visitation and child support are not linked.  Unless there were orders, she really can't deny you time with the kids if the issue of child support has not been addressed.  I would definately start putting money aside for the child support or be making payments even without an agreement but have it CLEARLY marked the dates and that it is for child support so she can't later tell a judge that it was a gift.

I don't know Georgia's laws in regards to father's rights, but since you are both in different states, many judges won't make it easy for you.

Lynn

[MixedBag]

Did you file for a divorce yet?

Here we go again with jurisdiction.

I would run down to the Greene County OH courthouse and file for a divorce, ask for primary custody of the children and then take it from there.

IMHO -- until there is any type of order, you are both entitled to custody of the children.  And that makes it a tug of war because as soon as you get them, she can get them back.

IMHO -- again -- jurisdiction does not follow the children until YOU move out of the county where  your live.  BOTH parents have to move and then jurisdiction follows the children.

And cross your fingers there's a different judge in town than who used to sit on that bench.

[gemini3]

Did you have a seperation agreement signed?  Does it have anything in it pertaining to visitation?  Why haven't you seen them in a year?  That is going to be a consideration if you ask for custody.

Visitation and child support are not linked, but enforcable visitation and child support are.  Here's why I say that:  technically the two are not connected.  However, if you expect the court to enforce the visitation you have to have a court order.  When you have a courts determination of custody, you also have child support.  So, if you want to see the kids you're going to end up paying child support.

[Davy]

Ohio is definitely the home state and has jurisdiction over all matters of custody, visitation, and in recent years child suport as well but that may have changed.  You should be awarded temporary custodial parent along with orders to the non-custodial parents to turn over the kids to you at a date and time you decide.  By court order.  In all ways, legally, ethically, morally, technically the mother has kidnapped the children (especially since she sought no legal remedy and her hands are dirty).  Georgia has no jurisdiction but could gain jurisdiction if you don't file in Ohio.

Normally fathers are treated much worst in out-of-state courts and if you are served with any kind of papers in Georgia without filing in Ohio might be enough for substantiate Georgia jurisdiction.  You and the kids are very much the injured parties since the children have been denied access to their father.  The mother needs to know the child support/visitation systems were not intended as proceedures to sell children.

Needless to say, the reason you have not have access to the children is understandable and common sense, so don't let parties from either state play that tired old tune.   

You very much have the upper hand so keep it and play it for all it's worth.  Your children will benefit in the present and future.

[olanna]

HI Louis,

Since the children have been in GA for a year, there is a very good chance that the state of GA is going to take jurisdiction.  The usual time is 6 months.  Since there is no court order in place as of yet, you can head to GA and see them, as there is nothing in place that says you can't. 

Have you maintained communication with your children?  Have you kept in touch with the schools they attend?  These kind of things will hold a lot of value when you do establish some regular parenting time through the courts.

I think your best road would be to get some kind of mediator involved, if that is what GA has to offer, and get back into your childrens lives.  Remember, child support and parenting time are very separate issues.

Best to you,

Ola

[MixedBag]

Which is why he needs to RUN to the Greene County Courthouse and file first so GA can't confuse things.

Dad has not moved from the original jurisdiciton.

That's key in keeping it in OHIO rather than the norm that it follows the children after 6 months.

[olanna]

Even if he files in OH, GA may still decide they are GA residents.  But he certainly could try to go the avenue you are suggesting.  I wouldn't have waited a month, much less a year.

[Davy]

Ola -- by all state and Federal statues OH is the Home state and clearly has jurisdicton.  It certainly is not up to GA and I have no idea where that comes from.

Moreover, this site is supposed to be an advocate for children and having both parents in their life.  If GA somehow gained jurisdiction then this father could be financially drained having to appear in GA for this-a and that-a.  Historically, children have not done well in like situations.  GA CS may be higher to satisfy the Federal incentives.

Most importantly, fathers are far more likely to encourage the  children's relationship with the other parent.  Besides, the mother has already decided to take custody along with the anticipated money award, her distain for the other parent, the children , an a civilized way of life.

Is your consideration for mom as CP based on her ability to abscound with the children or simply because she is the mother (in name only).  Really ??

[MixedBag]

Yep, and then he needs to decide whether to "cave" and let GA handle it, or argue that point and file in OH.

On the positive side, if MOM decides to defy an order, if it's an OH order, it has to be filed in GA for enforcement ONLY.  If it's a GA order, I personally think that GA will go after her harder.