Better Life Requires Move

My question involves a child custody case from the State of: Georgia

I have a 5 year old daughter who hates going to her father's. He makes her sleep on the floor, whips her for not eating and talking about my new spouse, and does drugs in front of her. She cries terribly when she comes home from his house. I don't think she can make this kind of thing up, and fake being as depressed as she is when she comes home. There is a court order saying he can get her everyother weekend, but that has not been happening due to the fact he has a new baby. I have been trying to work with him so he can get her the weekend after his that he missed. However, he is being uncooperative. My situtation is, my husband has a great job opportunity in California, which means better life for us, but if my daughter's father won't work with me now, I fear he will flip when we leave. She don't want to go out there but no one will take this seriously. Is there anything I can do?

Have you called child services about the whipping and the drug use?

There is a reason I'm asking, obviously.

Amazing how none of this becomes an issue until you want to move and take the child. You need to follow your court order in regard to moving notification. You and your husband are free to leave the state, your daughter likely is not, without court permission. You can address the other issues in court since they did not seem to be so important until now.

I did but it was never looked into.

Quote:

---

Quoting need_help_2011

---

I did but it was never looked into.

---

Children Services cannot ignore reports. What you mean is they investigated and dealt with whatever they found. It was not to your satisfaction.

The court must consider the impact of relocation and the best interest of the child.

If you're making accusations of drug use and abuse that you can't get anybody to take seriously, and for which you have no evidence, you run the risk of being perceived as being motivated by animus against the other parent and a desire to break off the parent-child relationship. I suggest working with a lawyer to build a proper case.

Quote:

---

Quoting need_help_2011

---

I did but it was never looked into.

---

That does say a lot, yes - it means that legally, they are not an issue. So, given that Georgia has no presumption either in favor of or against relocation, you and Dad will have to make your cases.

From an experience standpoint though, the new/later spouse having a job opportunity is not nearly as compelling as if you yourself had been offered a job there. The courts are, as a very general rule, reluctant to interfere with the parent/child relationship unless there is clear evidence that the child's best interest will be best served by the relocation.

My advice - in addition to speaking to an attorney - is that you do NOT make any plans to relocate unless you've got it all sorted out in court. Don't plan on moving just yet.

I talked to an attourney. he knows what the father is like. It took father over 2 years to even sign the aggreement we have now! I believe The reason DFCS never looked into it is because of fathers last name. Its very very common in this town. This town seems to know that whole family and choses not to get in their way.

I find that terribly difficult to believe, but okay.

Still doesn't change anything.