mom has full custody but father failed to return child and was awarded temp.custody e

[mommyof3kids]

I have 3 children all born out of wedlock to same man when I lived for in Georgia. i have a order out of Georgia stating mother retains full custody of all 3 children, no where does it state i have to stay in Georgia. I left that state with children and moved back to my home state of New York, father only has visitation "upon request". no set visitation schedule was on original order. He rtook daughter on a visit to Georgia with him, he failed to return her to NY, he enrolled her in school there, and I filed the proper court paper work to start a case on his violation and to modify my order. The next day he filed in court there in Georgia a temporary custody ex-parte and was granted it, and now he is sekking modification of order there in Georgia to have full custody of daughter. We basically have two states fighting who has jurisdiction and fighting the same game. I already had first appearance here in NY the other day..Georgia date is coming up soon. The judge in Ny asked if he was going file any motions to file for custody in NY and he said no, he also waived his right to be represented, he had conferenced called. I want NY to fight it and he wants Georgia courts to fight it. The judge in NY granted me and my two other children still residing in NY with me, a protective order from him . I am wanting to push off date in Georgia as a continuince so the NY judge can make decision here. MY question is this....What would happen if I picked up my daughter and brought her back home without going to court in that state.,and bring her back to NY, since I never reallly lost my full custody for her, no modification has been yet made??...Does my oringinal order"trump" his ex-parte order?..what should I do??

 

[Duranie]

You still did not have the right to move the kids out of state. You should have gone through the courts to get permisison to move.

GA has jurisdiction, jurisdiction does not change because you moved out of state.


The issue is, NY does NOT have jurisdiction. The family court in NY is in error if they are even doing anything. I am surprised they even took your case unless they are under the impression there is no order out of GA. As long as the father lives there and unless GA releases jurisdiction, this should have all gone through the GA courts. Jurisdiction laws are in place to keep people from doing exactly what you have done.

Dad is not going to have a hard time at all having GA retain jurisdiction.

 

[irish223]

I have 3 children all born out of wedlock to same man when I lived for in Georgia. i have a order out of Georgia stating mother retains full custody of all 3 children, no where does it state i have to stay in Georgia. I left that state with children and moved back to my home state of New York, father only has visitation "upon request". no set visitation schedule was on original order. He rtook daughter on a visit to Georgia with him, he failed to return her to NY, he enrolled her in school there, and I filed the proper court paper work to start a case on his violation and to modify my order. The next day he filed in court there in Georgia a temporary custody ex-parte and was granted it, and now he is sekking modification of order there in Georgia to have full custody of daughter. We basically have two states fighting who has jurisdiction and fighting the same game. I already had first appearance here in NY the other day..Georgia date is coming up soon. The judge in Ny asked if he was going file any motions to file for custody in NY and he said no, he also waived his right to be represented, he had conferenced called. I want NY to fight it and he wants Georgia courts to fight it. The judge in NY granted me and my two other children still residing in NY with me, a protective order from him . I am wanting to push off date in Georgia as a continuince so the NY judge can make decision here. MY question is this....What would happen if I picked up my daughter and brought her back home without going to court in that state.,and bring her back to NY, since I never reallly lost my full custody for her, no modification has been yet made??...Does my oringinal order"trump" his ex-parte order?..what should I do??

No, your original order does not "trump" his ex-parte order. Also, I think you may have a problem transferring jurisdiction to New York since the father still lives in Georgia. You need legal representation in Georgia.