My ex and I seperated and divorced early last year. Since we still live in the same school system, we have been sharing the time with our 4 children half and half (he has them 1 week and I have them the next). We have joint legal custody, but I am listed as primary physical custodian of the children. I want to move and go back to school for my masters and be near my new boyfriend--we are serious and discussing the possibility of marriage--but its 3 hours away from their dad (but still in the same state). What can he do to stop me from moving?
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I want to move
- Thread Starter klw5074
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Yep dad has a very good chance of fighting the move. Moving to be near your boyfriend is not in the kids best interest. Unless you can get Dad to agree to the move (but dont count on it) battle it out in court, or prepare to give Dad custody. Dad has alot of rights and visitation now, uprooting the kids 3 hours away taking them away from their school and family is going to be looked at. You may face a very expensive and uphill battel in court.
What state are you in?
What state are you in?
I'm in Georgia. There were no stipulations in our divorce decree about moving, so your reply sort of suprises me. Although I haven't hired an atty., I did consult one a few months ago when I decided to return to school for my masters and my new relationship took on a more serious note, and he reassured me that my ex didn't have many options to stop me.
Thank you for your time. Anyone else out there with experience in custody laws? I do understand that of course the ex can "fight" the move, I just feel that as it stands in GA, unless he can prove me unfit as a mother, he doesn't stand much of chance in preventing me from moving a few hours away. Am I that out of line? It seems that the atty. I spoke with was basing his advice on what he has witnessed in our particular judicial circuit. Although law says both moms and dads have equal parental status, the fact is that mothers are still held as the traditional caregivers for children in the South unless truly proven otherwise. I'm not saying that dad cant do as great of a job as a mom, so DONT GET THE WRONG IDEA! I know there are women out there who expliot their "motherly status".
Also, where I am planning on moving to, we have lived before when the ex and I were still married, so it isnt as though there is no support system for me or friends for the kids. And the school system is better too!
I have explained to him that is isnt my intention to "take his kids away". Even if we stayed within the same school district I was contemplating filing for sole custody b/c they dont have a decent schedule for the school year when they are moved week to week to a different house. Any one else with an opinion? All replys are appreciated.
Also, where I am planning on moving to, we have lived before when the ex and I were still married, so it isnt as though there is no support system for me or friends for the kids. And the school system is better too!
I have explained to him that is isnt my intention to "take his kids away". Even if we stayed within the same school district I was contemplating filing for sole custody b/c they dont have a decent schedule for the school year when they are moved week to week to a different house. Any one else with an opinion? All replys are appreciated.
seniorjudge
New Member
Do you have a lawyer?
If not, you need to get one.
No one here can possibly know all the details of your lawsuit; it would be hard to give a reasonable answer.
If not, you need to get one.
No one here can possibly know all the details of your lawsuit; it would be hard to give a reasonable answer.
Thank you for the advice.
Like I said, I have consulted one who told me "not to worry about it". Obviously, I'm concerned. I get no child support, as were the terms in our divorce (50/50 time/financial split with the kids) I know I need to go to back to school to be able to support these kids (4 of them, 11 to 6yrs.) This is not a case of either parent being unfit, we both know that. The fact is, I want to move in order to remarry and go back to school while the financial aid exists for me.
I'm afraid he is opposed to me moving b/c he thinks I will slam him for child support for 4 kids.
Question: Can I take it upon myself to file a Petition to Modify Child Custody and Parenting Time? Or b/c he is the non-custodial parent, is the ball in his court now that I've told him about the move?
Like I said, I have consulted one who told me "not to worry about it". Obviously, I'm concerned. I get no child support, as were the terms in our divorce (50/50 time/financial split with the kids) I know I need to go to back to school to be able to support these kids (4 of them, 11 to 6yrs.) This is not a case of either parent being unfit, we both know that. The fact is, I want to move in order to remarry and go back to school while the financial aid exists for me.
I'm afraid he is opposed to me moving b/c he thinks I will slam him for child support for 4 kids.
Question: Can I take it upon myself to file a Petition to Modify Child Custody and Parenting Time? Or b/c he is the non-custodial parent, is the ball in his court now that I've told him about the move?
seniorjudge
New Member
Q: Can I take it upon myself to file a Petition to Modify Child Custody and Parenting Time? Or b/c he is the non-custodial parent, is the ball in his court now that I've told him about the move?
A: You may certainly do this yourself. Some states have laws regarding how and when a custodial parent can move the children. (You are free to move anywhere.)
That's why I said see a lawyer.
A: You may certainly do this yourself. Some states have laws regarding how and when a custodial parent can move the children. (You are free to move anywhere.)
That's why I said see a lawyer.
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