My question involves a child custody case from the State of: Georgia
Hello all. I am recently remarried and we'd like to move to a different state, as my husband works in that state now. I am a stay at home mom and my husband supports me and the kids 100%. My ex is only ordered to pay $324/month for two children and is over $3,000 in arrears. There was supposed to be an IWO in effect upon our divorce but it was never put in place for whatever reason. He doesn't offer to pay at all. Our current custody arrangement, per the papers is that the ex gets them 3 weekends per month and alternating holidays. Also he insisted upon a provision in the papers that if he moves within 30 miles of me, that he gets 50/50 custody of the kids. That being said, he doesn't get the children per that agreement. Essentially, he gets them when its convenient for him because of his crappy work schedule. He rents a house in the town where we live, but we don't share custody like the papers say we should. There is nothing in our papers that prevents me from moving whatsoever. Also, not sure if this is pertinent but he also owes me over $16,000 in back taxes.
My question is, can I move out of state without going to court? I have a feeling that he can hold me in contempt (or however that works) when I don't deliver the kids on "his" weekend but what will a judge do? I had my papers looked over by a judge/attorney in my town (our case is in a diff county) and he said that because the papers don't prevent me from moving yet I have to deliver the kids to him on his weekends, that they're essentially not legal??? He said, in short, that I should give him my new address and phone number on my way out of town. I really don't want to tip my ex off that we're moving by trying to get him to agree to a custody modification. I really just want to live with my husband and kids in one household and since he's the provider of our family, I feel we should be able to do that.