CP wants to move daughters out of state

[Walking on Glass]

Socrateaser,

I've been divorced from my ex for 5 years. We share joint legal custody of our daughters, with her as the CP. The CP, myself and our daughters have all reside in Alabama. She has remarried, as have I. Her husband is originally from Georgia. His family still resides there.

I have been aware of potential plans for the CP and her husband to move to Georgia with our daughters. I know this because of things that our daughters have said to me periodically over the past 4 years. This was one of many factors that lead to my taking her to court 3 years ago. After court-ordered family counceling, where she denied any intention of moving to Georgia, the case was settled out of court.

Over the course of the past 8 months, the issue has risen again. Not only from things my daughters have said, but the CP and our daughters spent Spring break in Georgia looking at houses.  I have a recorded conversation between our daughters and myself, while they were still in Georgia, telling me that they were looking at houses for them to move into. The entire idea has been pitched to our daughters with the promise of frequent beach vacations, trips to Disney World, and a swimming pool in the back yard.

A couple of weeks after their return home, our daughters changed their story and stated that they were looking for houses for their Grandma (the CP's mother.) I have recently discovered that their Grandma is scheduled to move to Georgia on the 12th of this month to the exact same town the CP's husband is from. The CP has said nothing to me concerning plans to move, nor have I approached the subject with her, though she has recently become VERY personable and kind by offering to pay for things that she never would before and offering me additional days with our daughters. This is exactly the opposite of what I am used to dealing with. I don't mean to sound paranoid or suspicious, but experience has taught me that when she acts this way, something bad is about to happen.

My questions are:

1. When and if this goes to court, if I can prove that the intent to move our daughters out of state has been in the works for years, does that increase my chances of stopping the move or gaining custody?

2. I know that Alabama is a One-Party state, can I record my daughters' conversations with their mother (giving my legal consent) and use any information gained from those conversations in court?

3. I am 95% positive that the Grandmother is moving to establish a blood-relative base in Georgia. Is that enough with my daughters still having 90% of their close blood relatives still residing here in Alabama?

[socrateaser]

>My questions are:
>
>1. When and if this goes to court, if I can prove that the
>intent to move our daughters out of state has been in the
>works for years, does that increase my chances of stopping the
>move or gaining custody?

No. The fact that the other parent wants to move is irrelevant. The only thing that matters is whether, after balancing the children's interests in moving or staying, whether they will be better off living with the CP or the NCP. You present no facts that would persuade me either way, so I can't comment further on the issue of the move.

>
>2. I know that Alabama is a One-Party state, can I record my
>daughters' conversations with their mother (giving my legal
>consent) and use any information gained from those
>conversations in court?

Very narrow question of AL law that I'd have to research. The question is can you consent to your child being recorded, or does the fact that neither party to the call is aware of the recording, make the recording unlawful.

Parents can generally assume liability in a contract on behalf of their minor children, so as to confirm the contract. But, parents cannot consent to waive a legal right on their child's behalf -- only a court can do that.

The only state where I've actually researched the question is CA, and there is case law where the parent was found to be able to record the conversation while acting in the child's best interests. This is a case that I read more than 5 years ago, so I don't remember it very well and I cannot recommend that you follow it as persuasive, because it may have been subseqently overruled, and if so, then it's not even good as persuasive law.

So, initially, my answer is, no -- without notifying the other parent or the child of your intent to record, you can't do it.

>3. I am 95% positive that the Grandmother is moving to
>establish a blood-relative base in Georgia. Is that enough
>with my daughters still having 90% of their close blood
>relatives still residing here in Alabama?

It's a good fact that helps support a move. But, it's not dispositive. It's just one fact out of many that must be weighed.

[Walking on Glass]

Thank you.

Is there any advice that you can give me that might help?

[socrateaser]

>Thank you.
>
>Is there any advice that you can give me that might help?

The court will want to know how the move will affect the children's mental state, socialization, schooling, extra-curricular activities, etc.

Fighting a moveaway is a matter of showing that the weight of the evidence strongly favors the children not moving. The case is NOT about the parents' rights, so don't concentrate on that. You need a court appointed evaluator, usually an attorney or child psychologist or both, to determine that the children would be better off not moving, even were you the CP and the other parent the NCP, because the move will deprive the kids of access to one parent, regardless of whether the court were to permit the move, or reverse custody.

Note: the court cannot restrain a parent from moving. It can only restrain the parent from removing the children from the jurisdiction of the court, and ultimately, it can reverse custody if it finds the move not in the child(ren)'s best interests.