please help..

[gmmiller1977]

Ill try to keep this brief....Im currently serving in the Air Force in Georgia. Ive been going through a custody battle in California for my two sons since Jan 08. The last hearing was last week were I thought for sure I was going to be granted custody. My wife had been in contempt of the judges orders twice. The first time for not paying half of the fees for transportation while my sons visited in june and july. The second for not turning over my oldest son to come back with me to Georgia and enroll him in school. In the last hearing she was not found in contempt after not following the last to orders but given another chance to get her act together. The judge ordered her to take parenting classes and make sure my oldest son do well in school( he is currently on a IEP). The next hearing is dec 18th. The other thing the judge said was if I could get staitioned in California or somehow reside there I would have custody of the boys. I know that makes no sence! Im going to write my congressman, but other than that I dont know what to do.

[iceclimber]

how old are you sons?
and they reside in california now? for how long? that is what it sounds like...

did you move to georgia. or did the other parent move to california?

[gmmiller1977]

my sons are 2 and 8.  We were in Georgia and she moved back to California.  We are originally from Cali and the military brought me to georgia

[iceclimber]

how long did you live in georgia together?
how long ago did she move back to california?

what are the terms of the current orders?

[gmmiller1977]

northcarolina from march 2005 to may2007, georgia june 2007 until september 2007 .  She moved back in sept 2007. Current orders are that she has until our next hearing Dec 18th to take parenting classes and get my son back on track with school.  I am allowed telephone communication at 7pm to 730pm to speak with my boys.  That order is being ignored by her as well.  I call and there either not there or she answers and im verbally abused.  With her being in contempt twice and not being held accountable for being in contempt, she thinks she can get away with anything.  

[iceclimber]

guess asked the wrong question.

what were the previous orders. what was the previous custody arrangement?
the previous orders stated that the child would be living in georgia, living with you?
was this order stipulated?
what was the parenting plan in the previous orders?

so far my thoughts are that you have been had.

are you using military legal aid?  in my experience they can be slow.

[poohbear]

Welcome to the world of family law...being in the military makes your quest even more difficult.

Judges rarely want to send children from their jurisdiction--which is why the judge suggested that you move. If I were you, I'd do everything I could to get to California.

But know that there are no guarantees. If your ex gets her act together, does the parenting classes, and your kids do well in school...the judge may not want to change custody to you.

It's a gamble. Anything can happen. But unless something major happens--like she tries to kill the kids, there's probably not much chance of getting custody while you're in another state, and serving in the military.

[iceclimber]

the sooner the better... you don't want to establish too much time with the other parent. it may be more difficult to get them back.

[Davy]

Poohbear

The children were Georgia kids and were left behind by the mother when she moved away to california.  The father was caring for the children in Geogia and the oldest child (age 8) was classified with special needs.

During a visitation the mother filed in cali and the father apparantly  submitted to the jurisdiction.  

The cali court was substantialy against the UCCJA and PKPA and I think
(not sure) the Soldier and Sailor Act.

Unfortunately it appears the father went away from this site after being advised "he been had".

Hopefully some like you may have something to help these kids if the poster returns.