Primary Custodial Parent Not Being Cooperative with Anything

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

I have some questions for my husband. This is a short explanation of the situation:
He has joint custody of his daughter but his ex is primary custodial parent, he is military and has been relocated to North Carolina.
Upon my husband picking his daughter up for his winter break the ex said that he was not allowed to take her out of the state of Georgia. When viewing the custody paperwork it never says he is not allowed to take his daughter to his home residence in North Carolina but says that he is to give 30 days prior notice of him moving with an address provided to where he will be residing, which he did back in July 2012. He informed her there was nothing saying that he could not take her to his home in NC, and to which she replied she doesn't know for certain and has to contact an attorney to find out. Also, she said since she is Primary custodial parent that she forbids him to take her out of the state because she has final decision making. She has had two weeks to find out and since my husband had to return back to work, we had to come back home. The only reason we was able stay so long in GA is because my family lives there and we was visiting with them. Then in the paperwork it indicates that she has to meet him halfway or a care giver to the child has to meet halfway between residences, so my husband informed her where the halfway point was and what time during the week, and since its a 8 hour drive, 4 hours for one parent and 4 for the other he requested her meet us at 1:30 pm, to which she replied she still needs to consult with an attorney and she doesn't think she has to meet us halfway from the residence when it clearly states that in the paperwork. Then she says if she has to meet halfway then she will pick the place and times. Then she said that she thinks after my husband moved to NC it made the custody paperwork void since he now lives far away. She has continuously lied to us non-stop and then come to find out she doesn't want to drive to the half way point because she cant afford it. Then she starts saying she is going to raise child support, which she has threatened for the last 4 years...literally every time we have to contact her to set up a time to get his daughter she threatens it and then lies and says she has child support case against him already and he should receive paperwork, which never comes in the mail. Then she told her recent ex husband not my husband) that the reason she wants to up child support on my husband is because she can't afford to pay her child support on her other two children.

Basically my questions are:

Is the paperwork voided upon my husbands relocation due to military? Even though it does not state it in the paperwork.
Could her being Primary custodial parent give her the authority to tell us we can't bring her home to our house, when its a;so not indicated in the paperwork?
Could we do something about her threatening to up child support all the time, but never doing it?
Are we within our rights?



By the way we are going to be getting an attorney after my husband comes out of the field this month. And she has already lost custody of her other two children in her most recent divorce due to being a neglectful and irresponsible parent. I helped her most recent ex husband get custody of his two kids because I have plenty of evidence to get my husbands daughter, but we had to get moved and situated before we could get her and wait for this school year to end since her mother has transferred her to 4 different schools in the past 2 years and she is only in first grade. Not including the two Pre-K schools she attended.

Please do not reply with nasty rude comments about me helping get the other two kids taken away from their mother because I would never wish on anyone to not be with their mother unless they were not a good mother and it was harmful to their health and upbringing.

Okey dokey.

I won't respond.

And to think, I could've actually helped your husband.

first, understand that by you I mean your husband. You have no rights here but I'm sure you were already aware of that. There is no "we" in this situation unless you are specifically named in the order (not impossible but surely unusual)

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Is the paperwork voided upon my husbands relocation due to military? Even though it does not state it in the paperwork.

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no, it is not void but there is a change of circumstances that likely has to be addressed through the courts. The thing about meeting half way was based on the prior locations. You do not get to automatically apply that to the new situation.

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Could her being Primary custodial parent give her the authority to tell us we can't bring her home to our house, when its a;so not indicated in the paperwork?

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again, you have a problem not foreseen and addressed in the order. Unless restricted from taking the child out of state, he is not restricted from doing so. Since the first crisis has come and gone, I would suggest getting this into court before the next crisis arises.

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Could we do something about her threatening to up child support all the time, but never doing it?

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You could ignore her. Other than that; no

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Are we within our rights?

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you have the right to abide by the order and demand it is the same on the other party. If there is a problem that cannot be worked out between the parties, you have the right to seek the courts intervention.

I am speaking as "us" "we" as in whatever he is going through I am going through because we are married.I am also listed as a guardian to her in the custody paperwork which was a modification due to long distance circumstances 3 years ago. So what this may mean is they have to file a modification of custody every time he moves to a different state which is every 3 years? And since she was provided with the address to the new state and location in July shouldn't she addressed this issue before demanding my husband not take her out of the state?

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Quoting jk

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first, understand that by you I mean your husband. You have no rights here but I'm sure you were already aware of that. There is no "we" in this situation unless you are specifically named in the order (not impossible but surely unusual)

no, it is not void but there is a change of circumstances that likely has to be addressed through the courts. The thing about meeting half way was based on the prior locations. You do not get to automatically apply that to the new situation.


again, you have a problem not foreseen and addressed in the order. Unless restricted from taking the child out of state, he is not restricted from doing so. Since the first crisis has come and gone, I would suggest getting this into court before the next crisis arises.

You could ignore her. Other than that; no

you have the right to abide by the order and demand it is the same on the other party. If there is a problem that cannot be worked out between the parties, you have the right to seek the courts intervention.

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That's fine

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=tasangel01;679357]I am speaking as "us" "we" as in whatever he is going through I am going through because we are married.I am also listed as a guardian to her in the custody paperwork which was a modification due to long distance circumstances 3 years ago. So what this may mean is they have to file a modification of custody every time he moves to a different state which is every 3 years? And since she was provided with the address to the new state and location in July shouldn't she addressed this issue before demanding my husband not take her out of the state?

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she is not required to address anything. If your husband wants it addressed, he is going to have to take it to court. Your husband did what was probably the best by working through the situation without causing a ruckus but now, if he wants the issue visited, he is going to have to seek the courts intervention. I think I know what the mother is going to do if a similar situation comes up and nobody has been back to court yet. I also do not see her as seeing a need to address this since she believes she has control over the situation.

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So what this may mean is they have to file a modification of custody every time he moves to a different state which is every 3 years?

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you need to plan on either addressing the continuously changing issue when you go to court this time or plan on needing to address it each time there is such a major change. You didn't really think that if he goes to Alaska the mother was going to be required to meet you half way to transfer the child, did you?

For major moves like that yes I would think there would have to be a modification done. But with the last modification being due to long distance it was assumed that the same one would still be in order after this last move. No one ever suggested otherwise, that's where the confusion comes in. We are going to be going back to court anyways, which she will probably not show up to court because with her other two kids she missed all three court dates. But getting things squared away will make all the difference. When I spoke with a paralegal they said if it was not in the paperwork then it didn't apply to him, but I always like to double check and I like to know the in's and out's thoroughly.

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Quoting jk

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she is not required to address anything. If your husband wants it addressed, he is going to have to take it to court. Your husband did what was probably the best by working through the situation without causing a ruckus but now, if he wants the issue visited, he is going to have to seek the courts intervention. I think I know what the mother is going to do if a similar situation comes up and nobody has been back to court yet. I also do not see her as seeing a need to address this since she believes she has control over the situation.


you need to plan on either addressing the continuously changing issue when you go to court this time or plan on needing to address it each time there is such a major change. You didn't really think that if he goes to Alaska the mother was going to be required to meet you half way to transfer the child, did you?

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Not sure how it could be worded to address all the possibilities but I suspect you could include some provisions if the move was within a distance similar to what has been experienced already.

Given the statements by the mother, I suggest husband get things written as clearly and with as little as ambiguity as possible.

Thank you and you are correct. She has did nothing but lie to us since I have met him and the worst part is we always catch her in lies.

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Quoting jk

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Not sure how it could be worded to address all the possibilities but I suspect you could include some provisions if the move was within a distance similar to what has been experienced already.

Given the statements by the mother, I suggest husband get things written as clearly and with as little as ambiguity as possible.

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