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  1. #1
    Join Date
    Jul 2006
    Posts
    5

    Default She's getting married and moving my kids to the Caymans

    Here's the scenario,

    I have my two boys, ages 13 and 7 for the month of June. My ex calls me and tells me that she met some guy in the Caymans during the week she was there for her daughters wedding. The following week, he called her and invited himself to visit her on Thursday, here in Atlanta GA. She told me he's staying in the house with her. Now, she's only known this guy for less than a week and already feels comfy enough with him to have him sleeping with her in the house, so rather than expose my kids to that, I call her the following Monday and tell her I'll keep the kids for the summer so she can figure out what's going on with her and this guy without having to expose the kids to it. She's ok with that. The following week she e-mailed me and told me that she's going to marry "Dennis" and move her and the boys to the Caymans. She said that since "Dennis" is loaded, she's going to keep her house in Oakwood GA for when she brings the boys back here to see me. She mentioned her having the boys for half the year and me having them for half the year. Don't know what she has in mind for holidays, but I can't afford to fly to the Caymans to see the boys for my specified visitation every two weeks, and both the boys and I will be shortchanged on visitation for this deal.

    There are several things wrong with this scenario First off, she's only known this guy for three weeks and while some folks may believe in the exisitence of love at first site, I think it's more likely "money at first site". She's trying to move this thing along too quickly, probably so "Dennis" won't think too much about it and reconsider things. Dennis would be her 5th husband (she had another one after I divorced her. She divorced him in 2002). While I can't stop her from marrying whoever she wants, I don't think it's in the best interest of the boys for her to move them out of the country where they cannot and I cannot have our court mandated visitation. Such a move violates that agreement. The Half a year with me/half a year with them thing isn't going to cut it. In addition to that, my 13 year old son has already indicated that while he wants his mom to be happy, he does not want to have to give up his friends and move out of the country. The 7 year old won't like it either. Here are my questions:

    1. Considering the above, do I have any grounds to file a restraining order to keep her from taking the kids out of the country? Besides that, do I have any thing to work with on filing for primary custody? The boys would be better off with me and she can pay ME child support and have visitation.

    2. As specified in my divorce decree, she has to notify me in writing by cetified mail, 30 days prior to any change in residence, and provide complete contact info. What if she doesn't do that?

    My fear is that once she takes the kids out of this country, I will never see them again. Yes, I DO believe she will actually do this. I don't know how much time I have to prevent losing my kids. Complicating matters is the fact that I don't have money for a lawyer. She's talking about making the big move at the end of August. What can I DO???

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: She's getting married and moving my kids to the Caymans

    Quote Quoting Father_E


    What can I DO???

    My response:

    Well, first off, you can tell us the children's State name. Then, you can tell us about your Child Custody orders, and whether there's anything in those orders concerning "move-away."

    IAAL

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: She's getting married and moving my kids to the Caymans

    Typically, custody orders require court approval before a child's domicile (legal residence) can be unilaterally moved to a different state.

  4. #4
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: She's getting married and moving my kids to the Caymans

    Quote Quoting aaron
    Typically, custody orders require court approval before a child's domicile (legal residence) can be unilaterally moved to a different state.

    My response:

    Not in California - - which was the reason for my State Name question.

    IAAL

  5. #5
    Join Date
    Jul 2006
    Posts
    5

    Default Re: She's getting married and moving my kids to the Caymans

    Quote Quoting IAAL
    My response:

    Not in California - - which was the reason for my State Name question.

    IAAL
    Sorry bout the lack of info. State of Georgia.

    There is nothing in the divorce decree that states that she cannot move out of state or out of the country. It indicates that we have to work together to insure that visitation takes place and that the children have access to both parents. I may not have a leg to stand on because she sounds like she's willing to send them to me any holiday and any free time they have. The divorce decree DOES however state that she has to inform me in writing 30 days prior to her moving anywhere and provide me with detailed contact information, IN WRITING. What if she doesn't do that? She stated that her target move date is the end of August. I don't trust her. She's manipulative.

  6. #6
    Join Date
    Jul 2006
    Posts
    984

    Default Re: She's getting married and moving my kids to the Caymans

    There are several things you can do.
    1. File to modify the visitation and child support orders making you the PC and her NCP with visitation in her home in Oakwood GA and that she be responsible for the cost of any transportation. Schedule TBA.
    2. Change child support orders.
    3. Contact the passport division of the US State Department and flag their names to prevent passport issuance, have the court collect their passports if they have them already, don't sign to issue new passports.
    4. Petition the court to deny permission to move.

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